Art. 1629.  Placing agency responsibility

NOTE:  Art. 1629 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A.  For the interstate placement of a child made by a public child placing agency or state court:

(1)  The public child placing agency in the sending state shall have financial responsibility for all of the following:

(a)  The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state.

(b)  Services for the child beyond the public services for which he is eligible in the receiving state, as determined by the public child placing agency in the sending state.

(2)  The receiving state shall have financial responsibility only for the following:

(a)  Any assessment conducted by the receiving state.

(b)  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 state.

(3)  Nothing in this Article shall prohibit 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.

B.  For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency shall be 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 financially responsible for the child absent a contractual agreement to the contrary.

C.  The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.

D.  The public child placing agency in the receiving state shall provide, or arrange supervision and services for the child, including timely reports, during the period of the placement.

E.  Nothing in this Chapter or the compact shall 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 supervision or services for the child or otherwise authorizing supervision or services by a licensed agency during the period of placement.

F.  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.

G.  Each member state shall establish a central state compact office, which shall be responsible for state compliance with the compact and the rules of the Interstate Commission.

H.  The public child placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) for placements subject to the provisions of the compact, prior to placement.

I.  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 the compact.

Acts 2010, No. 893, §1.