Louisiana Children’s Code 1629 – Placing agency responsibility
Terms Used In Louisiana Children's Code 1629
- Assessment: is a pplicable only to a placement by a public child placing agency. See Louisiana Children's Code 1624
- Child: means an individual who has not attained the age of eighteen. See Louisiana Children's Code 1624
- Member state: means a state that has enacted the compact. 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
- Private child placing agency: means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under state law. 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
- State court: means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained the age of eighteen. See Louisiana Children's Code 1624
- Supervision: means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to the compact. See Louisiana Children's Code 1624
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.