§4253. Applicability - Article 3
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 22, §4264, sub-§2)
1.
Applicability.
Except as otherwise provided in subsection 2, this chapter applies to:
A.
The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected or deprived as defined by the laws of the sending state, as long as the placement of the child into a residential facility only requires notice of residential placement to the receiving state prior to placement;
[PL 2007, c. 255, §6 (NEW).]
B.
The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:
(1)
The child is being placed in a residential facility in another member state and is not covered under another compact; or
(2)
The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact; and
[PL 2007, c. 255, §6 (NEW).]
C.
The interstate placement of any child by a public child placing agency or private child placing agency as a preliminary step to a possible adoption.
[PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
2.
Exceptions.
The provisions of this chapter do not apply to:
A.
The interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement as long as the placement is not intended to effectuate an adoption;
[PL 2007, c. 255, §6 (NEW).]
B.
The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state;
[PL 2007, c. 255, §6 (NEW).]
C.
The placement of a child, not subject to subsection 1, into a residential facility by the child's parent;
[PL 2007, c. 255, §6 (NEW).]
D.
The placement of a child with a noncustodial parent if:
(1)
The noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child;
(2)
The court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child; and
(3)
The court in the sending state dismisses its jurisdiction over the child's case;
[PL 2007, c. 255, §6 (NEW).]
E.
A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country;
[PL 2007, c. 255, §6 (NEW).]
F.
A case in which a citizen child living overseas with that child's family, at least one of whom is in the Armed Forces of the United States, and who is stationed overseas, is removed and placed in a state; and
[PL 2007, c. 255, §6 (NEW).]
G.
The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
3.
Placement of child.
For purposes of determining the applicability of this chapter to the placement of a child with a family member in the Armed Forces of the United States, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.
[PL 2007, c. 255, §6 (NEW).]
4.
Prohibit concurrent application.
Nothing in this chapter may be construed to prohibit the concurrent application of the provisions of this chapter with other applicable interstate compacts including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The interstate commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement or transfer of children adopt like rules to ensure the coordination of services, timely placement of children and the reduction of unnecessary or duplicative administrative or procedural requirements.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).