Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Interstate Placement Services › Section 7.503 - Applicability of the Interstate Compact and M.G.L. c. 119, section 36

Current through Register 1525, July 5, 2024
(1) The Interstate Compact shall apply
				whenever a sending agency from a state which is a party to the Compact sends,
				brings, or causes to be sent or to be brought into any other state which is a
				party to the Compact, any child for placement in foster care or residential or
				group care, or for placement in a relative's home [other than those persons
				named in 110 CMR 7.503(3) ] or for placement preliminary to a possible
				adoption.
(2) Placements made to
				the Commonwealth by sending agencies from non-member states and foreign
				countries, or made by the Commonwealth to non-member states and foreign
				countries, are not subject to the Compact but such placements made to the
				Commonwealth are subject to the provisions of M.G.L. c. 119, § 36 unless
				the placement is between persons both of whom are persons listed in 110 CMR
				7.503(3).
(3) Neither the
				Interstate Compact procedures nor the provisions of M.G.L. c. 119, § 36
				shall apply when the sending agency is the child's parent, step-parent,
				grandparent, adult brother or adult sister, adult uncle or adult aunt, or
				non-agency guardian
and
the receiving agency is likewise any
				such relative of the child or a non-agency guardian.
(4) The Interstate Compact shall apply to
				court orders unless they relate to cases exempted by Article VIII of the
				Compact.
(5) The Interstate Compact
				shall not apply to placements which occurred prior to the date of enactment of
				the Compact by either the state of the sending agency or the state of the
				receiving agency; however, the provisions of M.G.L. c. 119, § 36 shall
				apply if otherwise applicable.
(6)
				Neither the Interstate Compact nor the provisions of M.G.L. c. 119, § 36
				shall apply to any placement with an institution primarily educational in
				character, any institution caring for the mentally ill or mentally defective or
				epileptic, or any hospital or other medical facility.
(7) Neither the Interstate Compact nor M.G.L.
				c. 119, § 36 shall apply to a visit.
(8) The Interstate Compact shall apply to any
				stay across state borders whenever the sending agency requests a home study or
				supervision of a child by the receiving state.
(9) The provisions of M.G.L. c. 119, §
				36 shall not apply to a sending agency which is a public agency in another
				state that is a party to the Interstate Compact.
(10) Adoptions by residents of Massachusetts
				who finalize the adoption of out-of-state or out-of-country children in another
				state or country are not governed by either the Interstate Compact or by M.G.L.
				c. 119, § 36. This exception applies only to cases where the adoption of
				the child is completed before the child enters the Commonwealth for the first
				time.
(11) Both the Interstate
				Compact and M.G.L. c. 119, § 36 apply, if otherwise applicable, to
				adoption by residents of Massachusetts who send, bring or cause to be sent or
				to be brought a child into the Commonwealth pending the finalization of the
				adoption in another state or country.
(12) The Interstate Compact shall not apply
				when a placement is made pursuant to any other interstate compact to which both
				the sending state and the receiving state are parties or pursuant to any other
				agreement between the states which has the force of law.