Louisiana Children’s Code 1628 – Placement authority
Terms Used In Louisiana Children's Code 1628
- Child: means an individual who has not attained the age of eighteen. See Louisiana Children's Code 1624
- Placement: means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state. See Louisiana Children's Code 1624
- Public child placing agency: means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another. See Louisiana Children's Code 1624
- Receiving state: means the state to which a child is sent, brought, or caused to be sent or brought. See Louisiana Children's Code 1624
- Sending state: means the state from which the placement of a child is initiated. See Louisiana Children's Code 1624
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other territory of the United States. See Louisiana Children's Code 1624
NOTE: Art. 1628 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Except as provided in this compact, no child subject to the compact shall be placed into a receiving state until approval for such placement is obtained.
B. If the public child placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. The determination is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state’s determination.
D. The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable administrative procedures.
E. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved, provided that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.
Acts 2010, No. 893, §1.