2014 Kentucky Revised Statutes CHAPTER 615 - INTERSTATE COMPACTS 615.030 Interstate compact on the placement of children. (Effective until contingency is met)
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615.030 Interstate compact on the placement of children.
contingency is met)
(Effective until
The interstate compact on the placement of children is hereby enacted into law and
entered into with all other jurisdictions legally joined therein in form substantially as
follows:
ARTICLE I
Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the
interstate placement of children to the end that:
(a)
Each child requiring placement shall receive the maximum opportunity to be
placed in a suitable environment and with persons or institutions having appropriate
qualifications and facilities to provide a necessary and desirable degree and type of
care.
(b)
The appropriate authorities in a state where a child is to be placed may have
full opportunity to ascertain the circumstances of the proposed placement, thereby
promoting full compliance with applicable requirements for the protection of the child.
(c)
The proper authorities of the state from which the placement is made may
obtain the most complete information on the basis of which to evaluate a projected
placement before it is made.
(d)
Appropriate jurisdictional arrangements for the care of children will be
promoted.
ARTICLE II
Definitions
As used in this compact:
(a)
"Child" means a person who, by reason of minority, is legally subject to
parental, guardianship or similar control.
(b)
"Sending agency" means a party state, officer or employee thereof; a
subdivision of a party state, or officer or employee thereof; a court of a party state; a
person, corporation, association, charitable agency or other entity which sends,
brings, or causes to be sent or brought any child to another party state.
(c)
"Receiving state" means the state to which a child is sent, brought, or caused
to be sent or brought, whether by public authorities or private persons or agencies,
and whether for placement with state or local public authorities or for placement with
private agencies or persons.
(d)
"Placement" means the arrangement for the care of a child in a family free or
boarding home or in a child-caring agency or institution but does not include any
institution caring for the mentally ill, individuals with an intellectual disability, or
epileptic or any institution primarily educational in character, or any hospital or other
medical facility.
ARTICLE III
Conditions for Placement
(a)
No sending agency shall send, bring, or cause to be sent or brought into any
other party state any child for placement in foster care or as a preliminary to a
possible adoption unless the sending agency shall comply with each and every
requirement set forth in this article and with the applicable laws of the receiving state
governing the placement of children therein.
(b)
Prior to sending, bringing or causing any child to be sent or brought into a
receiving state for placement in foster care or as a preliminary to a possible
adoption, the sending agency shall furnish the appropriate public authorities in the
receiving state written notice of the intention to send, bring, or place the child in the
receiving state. The notice shall contain:
(1)
The name, date and place of birth of the child.
(2)
The identity and address or addresses of the parents or legal guardian.
(3)
The name and address of the person, agency or institution to or with which
the sending agency proposes to send, bring, or place the child.
(4)
A full statement of the reasons for such proposed action and evidence of the
authority pursuant to which the placement is proposed to be made.
(c)
Any public officer or agency in a receiving state which is in receipt of a notice
pursuant to paragraph (b) of this article may request of the sending agency, or any
other appropriate officer or agency of or in the sending agency's state, and shall be
entitled to receive therefrom, such supporting or additional information as it may
deem necessary under the circumstances to carry out the purpose and policy of this
compact.
(d)
The child shall not be sent, brought, or caused to be sent or brought into the
receiving state until the appropriate public authorities in the receiving state shall
notify the sending agency, in writing, to the effect that the proposed placement does
not appear to be contrary to the interests of the child.
ARTICLE IV
Penalty for Illegal Placement
This sending, bringing, or causing to be sent or brought into any receiving state of a
child in violation of the terms of this compact shall constitute a violation of the laws
respecting the placement of children of both the state in which the sending agency is
located or from which it sends or brings the child and of the receiving state. Such
violation may be punished or subjected to penalty in either jurisdiction in accordance
with its laws. In addition to liability for any such punishment or penalty, any such
violation shall constitute full and sufficient grounds for the suspension or revocation
of any license, permit, or other legal authorization held by the sending agency which
empowers or allows it to place or care for children.
ARTICLE V
Retention of Jurisdiction
(a)
The sending agency shall retain jurisdiction over the child sufficient to
determine all matters in relation to the custody, supervision, care, treatment and
disposition of the child which it would have had if the child had remained in the
sending agency's state, until the child is adopted, reaches majority, becomes
self-supporting or is discharged with the concurrence of the appropriate authority in
the receiving state. Such jurisdiction shall also include the power to effect or cause
the return of the child or its transfer to another location and custody pursuant to law.
The sending agency shall continue to have financial responsibility for support and
maintenance of the child during the period of the placement. Nothing contained
herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with
an act of delinquency or crime committed therein.
(b)
When the sending agency is a public agency, it may enter into an agreement
with an authorized public or private agency in the receiving state providing for the
performance of one (1) or more services in respect of such case by the latter as
agent for the sending agency.
(c)
Nothing in this compact shall be construed to prevent a private charitable
agency authorized to place children in the receiving state from performing services
or acting as agent in that state for a private charitable agency of the sending state;
nor to prevent the agency in the receiving state from discharging financial
responsibility for the support and maintenance of a child who has been placed on
behalf of the sending agency without relieving the responsibility set forth in
paragraph (a) hereof.
ARTICLE VI
Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another party
jurisdiction pursuant to this compact but no such placement shall be made unless
the child is given a court hearing on notice to the parent or guardian with opportunity
to be heard, prior to his being sent to such other party jurisdiction for institutional
care and the court finds that:
(1)
Equivalent facilities for the child are not available in the sending agency's
jurisdiction; and
(2)
Institutional care in the other jurisdiction is in the best interest of the child and
will not produce undue hardship.
ARTICLE VII
Compact Administrator
The executive head of each jurisdiction party to this compact shall designate an
officer who shall be general coordinator of activities under this compact in his
jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall
have power to promulgate rules and regulations to carry out more effectively the
terms and provisions of this compact.
ARTICLE VIII
Limitations
This compact shall not apply to:
(a)
The sending or bringing of a child into a receiving state by his parent,
stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian
and leaving the child with any such relative or non-agency guardian in the receiving
state.
(b)
Any placement, sending or bringing of a child into a receiving state pursuant
to any other interstate compact to which both the state from which the child is sent or
brought and the receiving state are party, or to any other agreement between said
states which has the force of law.
ARTICLE IX
Enactment and Withdrawal
This compact shall be open to joinder by any state, territory or possession of the
United States, the District of Columbia, The Commonwealth of Puerto Rico, and,
with the consent of Congress, the Government of Canada or any province thereof. It
shall become effective with respect to any such jurisdiction when such jurisdiction
has enacted the same into law. Withdrawal from this compact shall be by the
enactment of a statute repealing the same, but shall not take effect until two (2)
years after the effective date of such statute and until written notice of the withdrawal
has been given by the withdrawing state to the governor of each other party
jurisdiction. Withdrawal of a party state shall not affect the rights, duties and
obligations under this compact of any sending agency therein with respect to a
placement made prior to the effective date of withdrawal.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construed to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the constitution of
any party state or of the United States or the applicability thereof to any government,
agency, person, or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the states affected
as to all severable matters.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 139, effective July 12, 2012. -Amended 1988 Ky. Acts ch. 283, sec. 17, effective July 15, 1988. -- Created
1986 Ky. Acts ch. 423, sec. 58, effective July 1, 1987.
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