| Minn.
Stat. § 260.851
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260. Juveniles
Interstate
Compact
260.851. Interstate
Compact on the Placement of Children
The
Interstate Compact on the Placement of Children is hereby enacted into
law and entered into with all other jurisdictions legally joining therein
in form substantially as follows:
ARTICLE
1
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 on which to evaluate
a projected placement before it is made.
(d)
Appropriate jurisdictional arrangements for the care of children will
be promoted.
ARTICLE
2
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, mentally
defective or persons having epilepsy or any institution primarily educational
in character, and any hospital or other medical facility.
ARTICLE
3
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
4
PENALTY
FOR ILLEGAL PLACEMENT
The
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
5
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 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
6
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
7
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
8
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 nonagency
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
9
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 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
10
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 state affected as to all severable matters.
CREDIT(S)
Laws 1999, c. 139, art.
1, § 18.
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