reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1152-A: ADOPTION ASSISTANCE COMPACT › 22 §4171. Findings and purposes

§4171. Findings and purposes
1.  Findings.
The Legislature finds that:
A. Finding adoptive families for children for whom state assistance is desirable, pursuant to the Adoption Assistance Program established in Title 18‑C, Article 9, Part 4, and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state; and   [PL 2017, c. 402, Pt. C, §71 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Provision of medical and other necessary services for children with state assistance encounters special difficulties when the provision of services takes place in other states.   [PL 1983, c. 721 (NEW).]
[PL 2017, c. 402, Pt. C, §71 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Purposes.
The purposes of this chapter are to:
A. Authorize the department to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the department; and   [PL 1983, c. 721 (NEW).]
B. Provide procedures for interstate children's adoption assistance payments, including medical payments.   [PL 1983, c. 721 (NEW).]
[PL 1983, c. 721 (NEW).]
SECTION HISTORY
PL 1983, c. 721 (NEW). PL 1995, c. 694, §D49 (AMD). PL 1995, c. 694, §E2 (AFF). PL 2017, c. 402, Pt. C, §71 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §1 (AFF).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1152-A: ADOPTION ASSISTANCE COMPACT › 22 §4172. Compacts authorized; definitions

§4172. Compacts authorized; definitions
1.  Authorization.
The department may develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.
[PL 1983, c. 721 (NEW).]
2.  Definitions.
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.
A. "Adoption assistance state" means the State that is signatory to an adoption assistance agreement in a particular case.   [PL 1983, c. 721 (NEW).]
B. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or a territory or possession of or administered by the United States.   [PL 1983, c. 721 (NEW).]
C. "Residence state" means the State of which the child is a resident by virtue of the residence of the adoptive parents.   [PL 1983, c. 721 (NEW).]
[PL 1983, c. 721 (NEW).]
SECTION HISTORY
PL 1983, c. 721 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1152-A: ADOPTION ASSISTANCE COMPACT › 22 §4173. Contents of compacts

§4173. Contents of compacts
1.  Content.
A compact entered into pursuant to the authority conferred by this chapter shall have the following content:
A. A provision making it available for joinder by all states;   [PL 1983, c. 721 (NEW).]
B. A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;   [PL 1983, c. 721 (NEW).]
C. A requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;   [PL 1983, c. 721 (NEW).]
D. A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the State which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and   [PL 1983, c. 721 (NEW).]
E. Such other provisions as may be appropriate to implement the proper administration of the compact.   [PL 1983, c. 721 (NEW).]
[PL 1983, c. 721 (NEW).]
SECTION HISTORY
PL 1983, c. 721 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1152-A: ADOPTION ASSISTANCE COMPACT › 22 §4174. Optional contents of compacts

§4174. Optional contents of compacts
1.  Optional content.
A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to section 4173, as follows:
A. Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and   [PL 1983, c. 721 (NEW).]
B. Such other provisions as may be appropriate or incidental to the proper administration of the compact.   [PL 1983, c. 721 (NEW).]
[PL 1983, c. 721 (NEW).]
SECTION HISTORY
PL 1983, c. 721 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1152-A: ADOPTION ASSISTANCE COMPACT › 22 §4176. Federal participation

§4176. Federal participation
1.  Federal payments and aid.
Consistent with federal law, the department, in connection with the administration of this chapter and any compact pursuant to this chapter, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV-E and XIX of the United States Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the Federal Government pays some or all of the cost. The department shall apply for and administer all relevant federal aid, in accordance with law.
[PL 1983, c. 721 (NEW).]
SECTION HISTORY
PL 1983, c. 721 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4191. Purpose and policy -- Article I

§4191. Purpose and policy -- Article I
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
Appropriate jurisdictional arrangements for the care of children will be promoted.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4192. Definitions -- Article II

§4192. Definitions -- Article II
As used in this compact:
1.  Child.
"Child" means a person who, by reason of minority being under 18 years of age, is legally subject to parental, guardianship or similar control.
[PL 1971, c. 598, §39 (AMD).]
2.  Placement.
"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.
3.  Receiving state.
"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.
4.  Sending agency.
"Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.
SECTION HISTORY
PL 1969, c. 433, §49 (AMD). PL 1971, c. 598, §39 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4193. Conditions for placement -- Article III

§4193. Conditions for placement -- Article III
No sending agency shall send, bring or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring or place the child in the receiving state. The notice shall contain the name, date and place of birth of the child, the identity and address or addresses of the parents or legal guardian, the name and address of the person, agency or institution to or with which the sending agency proposes to send, bring or place the child and a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
Any public officer or agency in a receiving state which is in receipt of a notice pursuant to this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
The child shall not be sent, brought or 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.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4194. Penalty for illegal placement -- Article IV

§4194. Penalty for illegal placement -- Article IV
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 subject to penalty in either jurisdiction in accordance with its laws. 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 authorization held by the sending agency which empowers or allows it to place or care for children.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4195. Retention of jurisdiction -- Article V

§4195. Retention of jurisdiction -- Article V
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 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 placement. 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.
When the sending agency is a public agency, it may enter into an agreement with an authorized 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.
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 the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in the first paragraph.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4196. Institutional care of delinquent children -- Article VI

§4196. Institutional care of delinquent children -- Article VI
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but such a placement may not be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard prior to the child's being sent to the other party jurisdiction for institutional care and the court finds that:   [RR 2021, c. 2, Pt. B, §195 (COR).]
1.  Facilities.
Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
2.  Best interest of child.
Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
SECTION HISTORY
RR 2021, c. 2, Pt. B, §195 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4197. Compact administrator -- Article VII

§4197. Compact administrator -- Article VII
The executive head of each jurisdiction party to this compact shall designate an officer who is to be the general coordinator of activities under this compact in the officer's jurisdiction and who, acting jointly with like officers of other party jurisdictions, has power to adopt rules to carry out more effectively the terms and provisions of this compact.   [RR 2021, c. 2, Pt. B, §196 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §196 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4198. Limitations -- Article VIII

§4198. Limitations -- Article VIII
This compact shall not apply to:
1.  Non-agencies.
The sending or bringing of a child into a receiving state by the child's parent, step-parent, grandparent, adult sibling or adult sibling of the child's parent or that sibling's adult spouse or the child's guardian and leaving the child with any of these relatives or a non-agency guardian in the receiving state.
[RR 2021, c. 2, Pt. B, §197 (COR).]
2.  Other compacts or agreements.
Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
SECTION HISTORY
RR 2021, c. 2, Pt. B, §197 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4199. Enactment and withdrawal -- Article IX

§4199. Enactment and withdrawal -- Article IX
This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until 2 years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 1: COMPACT › 22 §4200. Construction and severability -- Article X

§4200. Construction and severability -- Article X
This compact shall be liberally construed to effectuate the purposes thereof. This compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 2: ADMINISTRATIVE PROVISIONS › 22 §4241. Ratification of compact

§4241. Ratification of compact
The Interstate Compact on the Placement of Children is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as set forth in this chapter.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 2: ADMINISTRATIVE PROVISIONS › 22 §4242. Financial responsibility

§4242. Financial responsibility
Financial responsibility for any child placed pursuant to the Interstate Compact on the Placement of Children shall be determined in accordance with Article V thereof in the first instance. In the event of partial or complete default of performance thereunder the Department of Health and Human Services or the private agency supervising the child shall assume financial responsibility.   [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1975, c. 293, §4 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 2: ADMINISTRATIVE PROVISIONS › 22 §4243. Appropriate public authorities

§4243. Appropriate public authorities
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 Department of Health and Human Services and said department shall receive and act with reference to notices required by said Article III.   [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1975, c. 293, §4 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 2: ADMINISTRATIVE PROVISIONS › 22 §4244. Appropriate authority in the receiving state

§4244. Appropriate authority in the receiving state
As used in the first paragraph 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 Department of Health and Human Services.   [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1975, c. 293, §4 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 2: ADMINISTRATIVE PROVISIONS › 22 §4245. Authority to enter into agreements

§4245. Authority to enter into agreements
The officers and agencies of this State and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to the 2nd paragraph 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 Commissioner of Health and Human Services in the case of the State and of the chief local fiscal officer in the case of a subdivision of the State.   [PL 1975, c. 293, §4 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1975, c. 293, §4 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 2: ADMINISTRATIVE PROVISIONS › 22 §4246. Jurisdiction

§4246. Jurisdiction
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.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1153: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Subchapter 2: ADMINISTRATIVE PROVISIONS › 22 §4247. Executive head

§4247. Executive head
As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of said Article VII.
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4251. Purpose - Article 1

§4251. Purpose - Article 1
The purpose of this Interstate Compact for the Placement of Children is to:   [PL 2007, c. 255, §6 (NEW).]
1.  Process.
Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner;
[PL 2007, c. 255, §6 (NEW).]
2.  Ongoing supervision.
Facilitate ongoing supervision of a placement, the delivery of services and communication between the states;
[PL 2007, c. 255, §6 (NEW).]
3.  Operating procedures.
Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner;
[PL 2007, c. 255, §6 (NEW).]
4.  Rules.
Provide for the adoption and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states;
[PL 2007, c. 255, §6 (NEW).]
5.  Data collection.
Provide for uniform data collection and information sharing between member states under this compact;
[PL 2007, c. 255, §6 (NEW).]
6.  Coordination.
Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance and other compacts affecting the placement of and which provide services to children otherwise subject to this compact;
[PL 2007, c. 255, §6 (NEW).]
7.  Jurisdiction.
Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate; and
[PL 2007, c. 255, §6 (NEW).]
8.  Cases involving Indian children.
Provide for the adoption of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4254. Jurisdiction - Article 4

§4254. Jurisdiction - Article 4
1.  Retain jurisdiction.
The sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child that it would have had if the child had remained in the sending state. Such jurisdiction also includes the power to order the return of the child to the sending state.
[PL 2007, c. 255, §6 (NEW).]
2.  Issue of child protection; custody.
When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
[PL 2007, c. 255, §6 (NEW).]
3.  Authority to terminate.
In accordance with its own laws, the court in the sending state has authority to terminate its jurisdiction if:
A. The child is reunited with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, but only with the concurrence of the public child placing agency in the receiving state;   [PL 2007, c. 255, §6 (NEW).]
B. The child is adopted;   [PL 2007, c. 255, §6 (NEW).]
C. The child reaches the age of majority under the laws of the sending state;   [PL 2007, c. 255, §6 (NEW).]
D. The child achieves legal independence pursuant to the laws of the sending state;   [PL 2007, c. 255, §6 (NEW).]
E. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state;   [PL 2007, c. 255, §6 (NEW).]
F. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or   [PL 2007, c. 255, §6 (NEW).]
G. The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state.   [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
4.  Court terminates jurisdiction.
When a sending state court terminates its jurisdiction, the receiving state child placing agency must be notified.
[PL 2007, c. 255, §6 (NEW).]
5.  Claim of jurisdiction.
Nothing in this section defeats a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state that would be a violation of its laws.
[PL 2007, c. 255, §6 (NEW).]
6.  Emergency jurisdiction.
Nothing in this section limits the receiving state's ability to take emergency jurisdiction for the protection of the child.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4255. Assessments - Article 5

§4255. Assessments - Article 5
1.  Request for assessment.
Prior to sending, bringing or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.
[PL 2007, c. 255, §6 (NEW).]
2.  Sent; brought into receiving state.
Prior to the sending, bringing or causing a child to be sent or brought into a receiving state, the private child placing agency shall:
A. Provide evidence that the applicable laws of the sending state have been complied with;   [PL 2007, c. 255, §6 (NEW).]
B. Certify that the consent or relinquishment is in compliance with applicable law of the birth parent's state of residence or, where permitted, the laws of the state of where the finalization of the adoption will occur;   [PL 2007, c. 255, §6 (NEW).]
C. Request through the public child placing agency in the sending state an assessment to be conducted in the receiving state; and   [PL 2007, c. 255, §6 (NEW).]
D. Upon completion of the assessment, obtain the approval of the public child placing agency in the receiving state.   [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
3.  Procedures for assessment.
The procedures for making and requesting an assessment must contain all information and be in such form as provided for in the rules of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
4.  Proposed placement.
Upon receipt of a request from the public child welfare agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination of whether the placement qualifies as a provisional placement.
[PL 2007, c. 255, §6 (NEW).]
5.  Supporting information.
The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and is entitled to receive, supporting or additional information necessary to complete the assessment.
[PL 2007, c. 255, §6 (NEW).]
6.  Completion of assessment.
The public child placing agency in the receiving state shall complete or arrange for the completion of the assessment within the time frames established by the rules of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
7.  Uniform standards.
The interstate commission may develop uniform standards for the assessment of the safety and suitability of interstate placements.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4256. Placement authority - Article 6

§4256. Placement authority - Article 6
1.  Approval for placement.
Except as provided in subsection 3, a child subject to this chapter may not be placed into a receiving state until approval for such placement is obtained.
[PL 2007, c. 255, §6 (NEW).]
2.  Written documentation.
If the public child placing agency in the receiving state does not approve the proposed placement, then the child may not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules adopted by the interstate commission. Such determination is not subject to judicial review in the sending state.
[PL 2007, c. 255, §6 (NEW).]
3.  Placement not approved.
If the proposed placement is not approved, any interested party has standing to seek an administrative review of the receiving state's determination.
A. The administrative review and any further judicial review associated with the determination must be conducted in the receiving state pursuant to its applicable administrative procedures.   [PL 2007, c. 255, §6 (NEW).]
B. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement is considered approved, as long as all administrative or judicial remedies have been exhausted or the time for such remedies has passed.   [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4258. Interstate Commission for the Placement of Children - Article 8

§4258. Interstate Commission for the Placement of Children - Article 8
The Interstate Commission for the Placement of Children is established. The activity of the interstate commission is the formation of public policy, which is a discretionary state function. The interstate commission:   [PL 2007, c. 255, §6 (NEW).]
1.  Joint commission.
Is a joint commission of the member states and has the responsibilities, powers and duties set forth in this section and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states;
[PL 2007, c. 255, §6 (NEW).]
2.  Commissioner.
Consists of one commissioner from each member state who is appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner has the legal authority to vote on policy-related matters governed by this compact binding the state.
A. Each member state represented at a meeting of the interstate commission is entitled to one vote.   [PL 2007, c. 255, §6 (NEW).]
B. A majority of the member states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.   [PL 2007, c. 255, §6 (NEW).]
C. A representative may not delegate a vote to another member state.   [PL 2007, c. 255, §6 (NEW).]
D. A representative may delegate voting authority to another person from that representative's state for a specified meeting;   [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
3.  Members.
In addition to the commissioners of each member state, includes persons who are members of interested organizations as defined in the bylaws or rules of the interstate commission. Such members are ex officio and are not entitled to vote on any matter before the interstate commission; and
[PL 2007, c. 255, §6 (NEW).]
4.  Executive committee.
Shall establish an executive committee that has the authority to administer the day-to-day operations and administration of the interstate commission. The executive committee does not have the power to engage in rulemaking.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4263. Financing of the interstate commission - Article 13

§4263. Financing of the interstate commission - Article 13
1.  Expenses.
The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
[PL 2007, c. 255, §6 (NEW).]
2.  Annual assessment.
The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission's annual budget as approved by its members each year. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the interstate commission, which shall adopt a rule binding upon all member states.
[PL 2007, c. 255, §6 (NEW).]
3.  Obligations.
The interstate commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor may the interstate commission pledge the credit of any of the member states, except by and with the authority of the member state.
[PL 2007, c. 255, §6 (NEW).]
4.  Accounts of receipts and disbursements.
The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission are subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the interstate commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4264. Member states; effective date and amendment - Article 14

§4264. Member states; effective date and amendment - Article 14
1.  Member.
Any state is eligible to become a member state.
[PL 2007, c. 255, §6 (NEW).]
2.  Effective.
The compact becomes effective and binding upon legislative enactment of the compact into law by no fewer than 35 states. The effective date is the later of July 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter the compact becomes effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administrations with ultimate responsibility for the child welfare program of nonmember states or their designees are invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
[PL 2007, c. 255, §6 (NEW).]
3.  Amendments.
The interstate commission may propose amendments to the compact for enactment by the member states. An amendment does not become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4265. Withdrawal and dissolution - Article 15

§4265. Withdrawal and dissolution - Article 15
1.  Withdrawal.
Once effective, the compact continues in force and remains binding upon each member state, except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. The effective date of withdrawal is the effective date of the repeal of the statute. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall then notify the other member states of the withdrawing state's intent to withdraw. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal. Reinstatement following withdrawal of a member state occurs upon the withdrawing state's reenacting the compact or upon a later date as determined by the members of the interstate commission.
[PL 2007, c. 255, §6 (NEW).]
2.  Dissolution of compact.
This compact dissolves upon the effective date of the withdrawal or default of the member state that reduces the membership in the compact to one member state. Upon the dissolution of this compact, the compact becomes void and has no further force, and the business and affairs of the interstate commission are concluded and surplus funds must be distributed in accordance with the bylaws.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4266. Severability and construction - Article 16

§4266. Severability and construction - Article 16
1.  Enforceable.
The provisions of this chapter are severable, and if any phrase, clause, sentence or provision is determined unenforceable, the remaining provisions of the compact are enforceable.
[PL 2007, c. 255, §6 (NEW).]
2.  Provisions liberally construed.
The provisions of this chapter may be liberally construed to effectuate its purposes.
[PL 2007, c. 255, §6 (NEW).]
3.  Concurrent applicability.
Nothing in this chapter may be construed to prohibit the concurrent applicability of other interstate compacts of which the states are members.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4267. Binding effect of compact and other laws - Article 17

§4267. Binding effect of compact and other laws - Article 17
1.  Other laws.
Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact. All member states' laws conflicting with this compact or its rules are superseded to the extent of the conflict.
[PL 2007, c. 255, §6 (NEW).]
2.  Binding effect of compact.
All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the member states.
A. All agreements between the interstate commission and the member states are binding in accordance with their terms.   [PL 2007, c. 255, §6 (NEW).]
B. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.   [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4268. Indian tribes - Article 18

§4268. Indian tribes - Article 18
Notwithstanding any other provision in this compact, the interstate commission may adopt guidelines to permit Indian tribes to utilize the compact to achieve any of the purposes of the compact as specified in section 4251. The interstate commission shall make reasonable efforts to consult with Indian tribes in adopting guidelines to reflect the diverse circumstances of the various Indian tribes.   [PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 4: INTERSTATE COMPACTS › Chapter 1154: INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN › 22 §4269. Administrative provisions - Article 19

§4269. Administrative provisions - Article 19
For purposes of the State's administration of this compact:   [PL 2007, c. 255, §6 (NEW).]
1.  Agency.
This State's "government child welfare agency or child protection agency," "public child placing agency" and "central state compact office" is the Department of Health and Human Services, Office of Child and Family Services;
[PL 2007, c. 255, §6 (NEW).]
2.  State court.
This State's "state court" is the District Court;
[PL 2007, c. 255, §6 (NEW).]
3.  Ongoing court jurisdiction.
A child is "subject to ongoing court jurisdiction" in this State pursuant to section 4253, subsection 1, paragraph A if the child is the subject of a child protection proceeding pursuant to chapter 1071, until the proceeding is dismissed or becomes subject to judicial reviews pursuant to section 4038 only upon motion or petition of a party;
[PL 2007, c. 255, §6 (NEW).]
4.  Adjudicated delinquent.
A child is "adjudicated delinquent or unmanageable" in this State if the child has been adjudicated of a juvenile crime pursuant to Title 15, section 3310;
[PL 2007, c. 255, §6 (NEW).]
5.  Administrative procedures.
This State's "applicable administrative procedures" are the procedures in Title 5, chapter 375, subchapter 4, as modified by any rules adopted by the department pursuant to Title 5, chapter 375, subchapter 2. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A;
[PL 2007, c. 255, §6 (NEW).]
6.  Existing body.
This State's District Court's Child Protection Advisory Committee is the "existing body or board" pursuant to section 4257, subsection 7 that has responsibility to provide for coordination among this State's branches of government concerning the State's participation in and compliance with the compact and interstate commission activities; and
[PL 2007, c. 255, §6 (NEW).]
7.  Executive head.
This State's "executive head of the state human services administration with ultimate responsibility for the child welfare program" is the commissioner.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 5: MUNICIPAL SUPPORT OF THE POOR › Chapter 1161: MUNICIPAL GENERAL ASSISTANCE › 22 §4302. Delegation of duties; oath; bond

§4302. Delegation of duties; oath; bond
Overseers may authorize some person whom they shall designate to perform such of the duties imposed upon them by this chapter as they may determine. The overseers may designate more than one person to perform those duties. Before entering upon the performance of those duties, the person or persons so designated shall be sworn and shall give bond to the town for the faithful performance of those duties, in such sum and with such sureties as the overseers order.   [PL 1983, c. 577, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 577, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 5: MUNICIPAL SUPPORT OF THE POOR › Chapter 1161: MUNICIPAL GENERAL ASSISTANCE › 22 §4303. Prosecution and defense of towns

§4303. Prosecution and defense of towns
For all purposes provided for in this chapter, the overseers or any person appointed by them in writing may prosecute and defend a town.   [PL 1983, c. 577, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 577, §1 (NEW).