§ 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.)