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Session Laws, 1975
Volume 716, Page 1355   View pdf image
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MARVIN MANDEL, Governor

1355

CAUSED TO BE SENT OR BROUGHT INTO THE RECEIVING STATE
UNTIL THE APPROPRIATE PUBLIC AUTHORITIES IN THE RECEIVING
STATE SHALL NOTIFY THE SENDING AGENCY, IN WRITING, TO THE
EFFECT THAT THE PROPOSED PLACEMENT DOES NOT APPEAR TO BE
CONTRARY TO THE INTERESTS OF THE CHILD.

[[3-1005]] 188.

THE SENDING, BRINGING, OR CAUSING TO BE SENT OR
BROUGHT INTO ANY RECEIVING STATE OF A CHILD IN VIOLATION
OF THE TERMS OF THIS COMPACT SHALL CONSTITUTE A VIOLATION
OF THE LAWS RESPECTING THE PLACEMENT OF CHILDREN OF BOTH
THE STATE IN WHICH THE SENDING AGENCY IS LOCATED OR FROM
WHICH IT SENDS OR BRINGS THE CHILD AND OF THE RECEIVING
STATE. SUCH VIOLATION MAY BE PUNISHED OR SUBJECTED TO
PENALTY IN EITHER JURISDICTION IN ACCORDANCE WITH ITS
LAIS. IN ADDITION TO LIABILITY FOR ANY SUCH PUNISHMENT
OR PENALTY, ANY SUCH VIOLATION SHALL CONSTITUTE FULL AND
SUFFICIENT GROUNDS FOR THE SUSPENSION OR REVOCATION OF
ANY LICENSE, PERMIT, OR OTHER LEGAL AUTHORISATION HELD BY
THE SENDING AGENCY WHICH EMPOWERS OR ALLOWS IT TO PLACE,
OR CARS FOR CHILDREN.

[[3-1006]] 189.

(A)     THE SENDING AGENCY SHALL RETAIN JURISDICTION
OVER THE CHILD SUFFICIENT TO DETERMINE ALL MATTERS IN
RELATION TO THE CUSTODY, SUPERVISION, CARE, TREATMENT AND
DISPOSITION OF THE CHILD WHICH IT WOULD HAVE HAD IF THE
CHILD HAD REMAINED IN THE SENDING AGENCY'S STATE, UNTIL
THE CHILD IS ADOPTED, REACHES MAJORITY, BECOMES
SELF-SUPPORTING OR IS DISCHARGED WITH THE CONCURRENCE OF
THE APPROPRIATE AUTHORITY IN THE RECEIVING STATE. SUCH
JURISDICTION SHALL ALSO INCLUDE THE POWER TO EFFECT OR
CAUSE THE RETURN OF THE CHILD OR ITS TRANSFER TO ANOTHER
LOCATION AND CUSTODY PURSUANT TO LAW. THE SENDING AGENCY
SHALL CONTINUE TO HAVE FINANCIAL RESPONSIBILITY FOR
SUPPORT AND MAINTENANCE OF THE CHILD DURING THE PERIOD OF
THE PLACEMEN. NOTHING CONTAINED HEREIN SHALL DEFEAT A
CLAIM OF JURISDICTION BY A RECEIVING STATE SUFFICIENT TO
DEAL WITH AN ACT OF DELINQUENCY OR CRIME COMMITTED
THEREIN.

(B)    WHEN THE SENDING AGENCY IS A PUBLIC AGENCY, IT
MAY ENTER INTO AN AGREEMENT WITH AN AUTHORISED PUBLIC OR
PRIVATE AGENCY IN THE RECEIVING STATE PROVIDING FOR THE
PERFORMANCE OF ONE OR MORE SERVICES IN RESPECT OF SUCH
CASE BY THE LATTER AS AGENT FOR THE SENDING AGENCY.

(C)     NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO
PREVENT A PRIVATE CHARITABLE AGENCY AUTHORIZED TO PLACE
CHILDREN IN THE RECEIVING STATE FROM PERFORMING SERVICES
OR ACTING AS AGENT IN THAT STATE FOR A PRIVATE CHARITABLE
AGENCY OF THE SENDING STATE; NOR TO PREVENT THE AGENCY IN

 

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Session Laws, 1975
Volume 716, Page 1355   View pdf image
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