Vermont Statutes Title 33 Sec. 5907
Terms Used In Vermont Statutes Title 33 Sec. 5907
- Assessment: means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine if 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
- Child: means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. See
- 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
- Member state: means a state that has enacted this Compact. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- 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 epileptic or any institution primarily educational in character, and any hospital or other medical facility. See
- 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
- 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, that facilitates, causes, or is involved in the placement of a child from one state to another. See
- 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. See
- Sending state: means the state from which the placement of a child is initiated. See
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
- Supervision: means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this Compact. See
[Contingently repealed; effective until contingency met.]
§ 5907. Compact administrator—Article VII [Contingently repealed; Effective until contingency met]
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 or her 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. (Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.)
[Contingently repealed; effective until contingency met.]
§ 5907. Compact administrator—Article VII [Contingently repealed]
(Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)
[Contingently enacted.]
§ 5907. Placing agency responsibility [Contingently enacted]
(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:
(A) the ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and
(B) 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.
(2) The receiving state shall only have financial responsibility for:
(A) any assessment conducted by the receiving state; and
(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 provision 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:
(1) 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
(2) 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 for the provision of, supervision and services for the child, including timely reports, during the period of the placement.
(e) Nothing in this 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 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.
(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 this 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 this Compact. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)