22 §4257. State responsibility - Article 7
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
§4257. State responsibility - Article 7
1. Financial responsibility. For the interstate placement of a child made by a public child placing agency or state court:
A. The public child placing agency in the sending state has financial responsibility for:
(1) The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and
(2) As determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state; and [2007, c. 255, §6 (NEW).]
B. The receiving state only has financial responsibility for:
(1) Any assessment conducted by the receiving state; and
(2) Supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending states. [2007, c. 255, §6 (NEW).]
Nothing in this subsection prohibits public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.
[ 2007, c. 255, §6 (NEW) .]
2. Private child placing agency; responsibilities. For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency is:
A. Legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption; and [2007, c. 255, §6 (NEW).]
B. Financially responsible for the child absent a contractual agreement to the contrary. [2007, c. 255, §6 (NEW).]
[ 2007, c. 255, §6 (NEW) .]
3. Assessment or supervision conducted. A private child placing agency is responsible for any assessment conducted in the receiving state and any supervision conducted by the receiving state at the level required by the laws of the receiving state or the rules of the interstate commission.
[ 2007, c. 255, §6 (NEW) .]
4. Timely assessment. The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the interstate commission.
[ 2007, c. 255, §6 (NEW) .]
5. Supervision; services. The public child placing agency in the receiving state shall provide or arrange for the provision of supervision and services for the child, including timely reports, during the period of the placement.
[ 2007, c. 255, §6 (NEW) .]
6. Contract with licensed agency. Nothing in this chapter may be construed as to limit the authority of the public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.
[ 2007, c. 255, §6 (NEW) .]
7. Advisory council. Each member state shall provide for coordination among its branches of government concerning the state's participation in, and compliance with, the compact and interstate commission activities through the creation of an advisory council or use of an existing body or board.
[ 2007, c. 255, §6 (NEW) .]
8. Central state compact office. Each member state shall establish a central state compact office, which is responsible for state compliance with the compact and the rules of the interstate commission.
[ 2007, c. 255, §6 (NEW) .]
9. Oversee compliance. The public child placing agency in the sending state shall oversee compliance with the provisions of the federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1901 et seq. for placements subject to the provisions of this compact, prior to placement.
[ 2007, c. 255, §6 (NEW) .]
10. Limited agreements. With the consent of the interstate commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact.
[ 2007, c. 255, §6 (NEW) .]
SECTION HISTORY
2007, c. 255, §6 (NEW).