Maine Revised Statutes Title 22 Sec. 4257 – State responsibility – Article 7
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1. Financial responsibility. For the interstate placement of a child made by a public child placing agency or state court:
A. The public child placing agency in the sending state has financial responsibility for:
(1) The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and
(2) As determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state; and [PL 2007, c. 255, §6 (NEW).]
B. The receiving state only has financial responsibility for:
(1) Any assessment conducted by the receiving state; and
(2) 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 states. [PL 2007, c. 255, §6 (NEW).]
Nothing in this subsection prohibits 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.
[PL 2007, c. 255, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4257
- Assessment: means an evaluation of a prospective placement to determine whether the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being and mental, emotional and physical development. See Maine Revised Statutes Title 22 Sec. 4252
- Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252
- Contract: A legal written agreement that becomes binding when signed.
- interstate commission: means the commission that is created under section 4258. 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
- 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
- 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
- Supervision: means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this chapter. 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. Private child placing agency; responsibilities. For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency is:
A. 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 [PL 2007, c. 255, §6 (NEW).]
B. Financially responsible for the child absent a contractual agreement to the contrary. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
3. Assessment or supervision conducted. A private child placing agency is responsible for any assessment conducted in the receiving state and any supervision conducted by the receiving state at the level required by the laws of the receiving state or the rules of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
4. Timely assessment. The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
5. Supervision; services. The public child placing agency in the receiving state shall provide or arrange for the provision of supervision and services for the child, including timely reports, during the period of the placement.
[PL 2007, c. 255, §6 (NEW).]
6. Contract with licensed agency. Nothing in this chapter may 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 the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.
[PL 2007, c. 255, §6 (NEW).]
7. Advisory council. 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.
[PL 2007, c. 255, §6 (NEW).]
8. Central state compact office. Each member state shall establish a central state compact office, which is responsible for state compliance with the compact and the rules of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
9. Oversee compliance. The public child placing agency in the sending state shall oversee compliance with the provisions of the federal Indian Child Welfare Act of 1978, 25 United States Code § 1901 et seq. for placements subject to the provisions of this compact, prior to placement.
[PL 2007, c. 255, §6 (NEW).]
10. Limited agreements. 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 this compact.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).