KRS § 615.040 — KY Code / Title LI / Chapter 615 / Section 615.040
615.040 Definitions -- Financial responsibility -- Placement in another state -- Bond. (Effective upon contingency)
Status: in_force

615.040 Definitions -- Financial responsibility -- Placement in another state --

Bond. (Effective until contingency is met)

The following provisions apply to the compact described in KRS 615.030:

(1) The following definitions apply to KRS 615.030:

(a) As used in paragraph (a) of Article V of the interstate compact on the

placement of children, the phrase "appropriate authority in the receiving state"

with reference to this state shall mean the Cabinet for Health and Family

Services.

(b) The "appropriate public authorities" as used in Article III of the interstate

compact on the placement of children shall, with reference to this state, mean

the Cabinet for Health and Family Services and said cabinet shall receive and

act with reference to notices required by said Article III.

(c) As used in Article VII of the interstate compact on the placement of children,

the term "executive head" means the Governor. The Governor is hereby

authorized to appoint a compact administrator in accordance with the terms of

said Article VII.

(2) Financial responsibility for any child placed pursuant to the provisions of the

interstate compact on the placement of children:

(a) Shall be determined in accordance with the provisions of Article V thereof in

the first instance. However, in the event of partial or complete default of

performance thereunder, the provisions of KRS 405.020 shall apply.

(b) The officers and agencies of this state and its subdivisions having authority to

place children are hereby empowered to enter into agreements with

appropriate officers or agencies of or in another party state pursuant to

paragraph (b) of Article V of the interstate compact on the placement of

children. Any such agreement which contains a financial commitment or

imposes a financial obligation on this state or subdivision or agency thereof

shall not be binding unless it has the approval in writing of the secretary of the

Finance and Administration Cabinet in the case of the state and of the chief

local fiscal officer in the case of a subdivision of the state.

(3) Any court having jurisdiction to place delinquent children may place such a child in

an institution of or in another state pursuant to Article VI of the interstate compact

on the placement of children and shall retain jurisdiction as provided in Article V of

KRS 615.030 thereof.

(4) No person or institution shall bring or send, or cause to be brought or sent, a

dependent child into this state from another state for the purpose of placing him in a

family home, either with or without indenture or for adoption, without first filing a

ten thousand dollar ($10,000) bond with the county judge/executive of the county in

which the child is to be placed.

(5) The bond shall be conditioned as follows:

(a) That they will not bring or send, or cause to be brought or sent, into this state

any child that is incorrigible or of unsound mind or body or who has any

contagious or incurable disease;

(b) That they will immediately, upon placing the child, report to the department

the name and age of the child, and the name and residence of the person with

whom he is placed;

(c) That if the child becomes a public charge before reaching his majority, they

will, within thirty (30) days after receiving written notice of such fact from the

department, remove the child from the state;

(d) That if the child is convicted of a crime or misdemeanor and is imprisoned,

within five (5) years of the time of his arrival, they will remove the child from

the state immediately upon his release;

(e) That they will place each dependent child by written contract with a person

who will furnish the child a proper home, and will make the person receiving

the child responsible for its proper care, education, and training;

(f) That they will properly supervise the care and training of the child, and visit

each child at least once a year;615.040 Definitions -- Financial responsibility -- Placement in another state --

Bond. (Effective upon contingency)

The following provisions apply to the compact described in KRS 615.030:

(1) The following definitions apply to KRS 615.030:

(a) As defined in subsection (18) of Article II of the interstate compact on the

placement of children, the phrase "public child placing agency" with reference

to this state shall mean the Cabinet for Health and Family Services.

(b) As used in Article VIII of the interstate compact on the placement of children,

the term "executive head" means the Governor. The Governor is hereby

authorized to appoint a compact administrator in accordance with the terms of

said Article VIII.

(2) Financial responsibility for any child placed pursuant to the provisions of the

interstate compact on the placement of children:

(a) Shall be determined in accordance with the provisions of Article VII thereof

in the first instance. However, in the event of partial or complete default of

performance thereunder, the provisions of KRS 405.020 shall apply.

(b) The officers and agencies of this state and its subdivisions having authority to

place children are hereby empowered to enter into agreements with

appropriate officers or agencies of or in another party state pursuant to

subsection (5) of Article VII of the interstate compact on the placement of

children. Any such agreement which contains a financial commitment or

imposes a financial obligation on this state or subdivision or agency thereof

shall not be binding unless it has the approval in writing of the secretary of the

Finance and Administration Cabinet in the case of the state and of the chief

local fiscal officer in the case of a subdivision of the state.

(3) Any court having jurisdiction to place delinquent children may place such a child in

an institution of or in another state pursuant to Article IV of the interstate compact

on the placement of children and shall retain jurisdiction as provided in Article IV

of KRS 615.030 thereof.

(4) No person or institution shall bring or send, or cause to be brought or sent, a

dependent child into this state from another state for the purpose of placing him in a

family home, either with or without indenture or for adoption, without first filing a

ten thousand dollar ($10,000) bond with the county judge/executive of the county in

which the child is to be placed.

(5) The bond shall be conditioned as follows:

(a) That they will not bring or send, or cause to be brought or sent, into this state

any child that is incorrigible or of unsound mind or body or who has any

contagious or incurable disease;

(b) That they will immediately, upon placing the child, report to the department

the name and age of the child, and the name and residence of the person with

whom he is placed;

(c) That if the child becomes a public charge before reaching his majority, they

will, within thirty (30) days after receiving written notice of such fact from the

department, remove the child from the state;

(d) That if the child is convicted of a crime or misdemeanor and is imprisoned,

within five (5) years of the time of his arrival, they will remove the child from

the state immediately upon his release;

(e) That they will place each dependent child by written contract with a person

who will furnish the child a proper home, and will make the person receiving

the child responsible for its proper care, education, and training;

(f) That they will properly supervise the care and training of the child, and visit

each child at least once a year;

(g) That they will make such reports to the department as the department requires.

(6) The provisions of KRS 615.030 shall not apply to a parent, stepparent, grandparent,

adult brother or sister, or adult uncle or aunt going to any other state or country and

bringing a child into this state for the purpose of giving it a home in his own family,

and may be waived by the department for any child brought into the state under the

supervision of the division or licensed child-caring or child-placing institution or

agency by written agreement with the responsible agency of the other state or

country, or under special circumstances agreed to in writing by the cabinet and the

persons wishing to import a child.

(7) The provisions of subsections (4) and (5) of this section shall not apply to

placements made pursuant to the interstate compact on the placement of children.