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Interstate Compact for the Placement of Children Federal Legislation and Congressional Consent

Interstate Compact for the Placement of Children Federal Legislation and Congressional Consent A discussion on how the Safe and Timely Interstate Placement of Foster Children Act of 2006 (PL 109-239) will impact the proposed new ICPC and the advantages and disadvantages of

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Interstate Compact for the Placement of Children Federal Legislation and Congressional Consent

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  1. Interstate Compact for the Placement of Children Federal Legislation and Congressional Consent A discussion on how the Safe and Timely Interstate Placement of Foster Children Act of 2006 (PL 109-239) will impact the proposed new ICPC and the advantages and disadvantages of Congressional Consent. Wednesday, January 31, 2007 2:00 to 3:30pm EST National Center for Interstate Compacts 2760 Research Park Dr. / Lexington, KY 40511 (859) 244-8256 / www.csg.org

  2. U.S. Constitutional Provisions Art I, Sec. 10, Clause 3 – Compact Clause “No State shall, without the Consent of Congress…enter into any Agreement or Compact with another State, or with a foreign Power…” National Center for Interstate Compacts 2760 Research Park Dr. / Lexington, KY 40511 (859) 244-8256 / www.csg.org

  3. Congressional Consent Not required for every compact - Virginia v. Tennessee, 148 U.S. 503 (1893) Only required when: - An agreement augments the balance of power between the federal government and the states; or - intrudes on an area reserved or of interest to the central government National Center for Interstate Compacts 2760 Research Park Dr. / Lexington, KY 40511 (859) 244-8256 / www.csg.org

  4. Obtaining Congressional Consent • Implied after the fact when actions by the states and federal government indicate that congress has granted its consent even in the absence of a specific legislative act. • Explicitly given after the fact, as in the case of border compacts, by enacting legislation that specifically recognizes and consents to the compact. • Preemptively by congress passing legislation encouraging states to adopt compacts to solve particular problems. National Center for Interstate Compacts 2760 Research Park Dr. / Lexington, KY 40511 (859) 244-8256 / www.csg.org

  5. Congressional Consent in PL 109-239 Section 2 – Sense of the Congress “It is the sense of the Congress that…the States should expeditiously ratify the revised Interstate Compact for the Placement of Children recently promulgated by the American Public Human Services Association…” • Does this constitute Congressional Consent? • Is Congressional Consent necessary for the revised ICPC? National Center for Interstate Compacts 2760 Research Park Dr. / Lexington, KY 40511 (859) 244-8256 / www.csg.org

  6. Visit us online at: www.csg.org National Center for Interstate Compacts c/o CSG 2760 Research Park Dr. Lexington, KY 40511 John Mountjoy (859) 244-8256 jmountjoy@csg.org Rick Masters (502) 582-2900 lawsaver@aol.com

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