22 §4254. Jurisdiction - Article 4
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)
Part 4: INTERSTATE COMPACTS
Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
§4254. Jurisdiction - Article 4
1. Retain jurisdiction. The sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child that it would have had if the child had remained in the sending state. Such jurisdiction also includes the power to order the return of the child to the sending state.
[ 2007, c. 255, §6 (NEW) .]
2. Issue of child protection; custody. When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
[ 2007, c. 255, §6 (NEW) .]
3. Authority to terminate. In accordance with its own laws, the court in the sending state has authority to terminate its jurisdiction if:
A. The child is reunited with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, but only with the concurrence of the public child placing agency in the receiving state; [2007, c. 255, §6 (NEW).]
B. The child is adopted; [2007, c. 255, §6 (NEW).]
C. The child reaches the age of majority under the laws of the sending state; [2007, c. 255, §6 (NEW).]
D. The child achieves legal independence pursuant to the laws of the sending state; [2007, c. 255, §6 (NEW).]
E. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state; [2007, c. 255, §6 (NEW).]
F. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or [2007, c. 255, §6 (NEW).]
G. The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state. [2007, c. 255, §6 (NEW).]
[ 2007, c. 255, §6 (NEW) .]
4. Court terminates jurisdiction. When a sending state court terminates its jurisdiction, the receiving state child placing agency must be notified.
[ 2007, c. 255, §6 (NEW) .]
5. Claim of jurisdiction. Nothing in this section defeats a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state that would be a violation of its laws.
[ 2007, c. 255, §6 (NEW) .]
6. Emergency jurisdiction. Nothing in this section limits the receiving state's ability to take emergency jurisdiction for the protection of the child.
[ 2007, c. 255, §6 (NEW) .]
SECTION HISTORY
2007, c. 255, §6 (NEW).