Maine Revised Statutes Title 22 Sec. 4253 – Applicability – Article 3
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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).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4253
- Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252
- interstate commission: means the commission that is created under section 4258. See Maine Revised Statutes Title 22 Sec. 4252
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction: means the power and authority of a court to hear and decide matters. See Maine Revised Statutes Title 22 Sec. 4252
- Member state: means a state that has enacted this compact. See Maine Revised Statutes Title 22 Sec. 4252
- Noncustodial parent: means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of the child and who is not the subject of allegations or findings of child abuse or neglect. See Maine Revised Statutes Title 22 Sec. 4252
- Notice of residential placement: includes information regarding a discharge and any unauthorized absence from the facility. See Maine Revised Statutes Title 22 Sec. 4252
- 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 Maine Revised Statutes Title 22 Sec. 4252
- 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 color of state law. See Maine Revised Statutes Title 22 Sec. 4252
- 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 it acts on behalf of a state, county, municipality or other governmental unit and that facilitates, causes or is involved in the placement of a child from one state to another. See Maine Revised Statutes Title 22 Sec. 4252
- Receiving state: means the state to which a child is sent, brought or caused to be sent or brought. See Maine Revised Statutes Title 22 Sec. 4252
- Relative: means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle or first cousin or a nonrelative with such significant ties to the child that the nonrelative may be regarded as a relative as determined by the court in the sending state. See Maine Revised Statutes Title 22 Sec. 4252
- Residential facility: means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and is beyond what is needed for assessment or treatment of an acute condition. See Maine Revised Statutes Title 22 Sec. 4252
- Sending state: means the state from which the placement of a child is initiated. See Maine Revised Statutes Title 22 Sec. 4252
- 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 Mariana Islands and any other territory of the United States. See Maine Revised Statutes Title 22 Sec. 4252
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
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).