Louisiana Children’s Code 1625 – Compact applicability
Terms Used In Louisiana Children's Code 1625
- Child: means an individual who has not attained the age of eighteen. See Louisiana Children's Code 1624
- Jurisdiction: means the power and authority of a court to hear and decide matters. See Louisiana Children's Code 1624
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Member state: means a state that has enacted the compact. See Louisiana Children's Code 1624
- Noncustodial parent: means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect. See Louisiana Children's Code 1624
- Notice of residential placement: means information regarding a placement into a residential facility provided to the receiving state including, but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. See Louisiana Children's Code 1624
- Placement: means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state. See Louisiana Children's Code 1624
- Private child placing agency: means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under state law. See Louisiana Children's Code 1624
- Public child placing agency: means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another. See Louisiana Children's Code 1624
- Receiving state: means the state to which a child is sent, brought, or caused to be sent or brought. See Louisiana Children's Code 1624
- Relative: means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a nonrelative with such significant ties to the child that they may be regarded as relatives as determined by the court in the sending state. See Louisiana Children's Code 1624
- Residential facility: means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care, and is beyond what is needed for assessment or treatment of an acute condition. See Louisiana Children's Code 1624
- Sending state: means the state from which the placement of a child is initiated. See Louisiana Children's Code 1624
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other territory of the United States. See Louisiana Children's Code 1624
NOTE: Art. 1625 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the interstate Compact for the Placement of Children.
A. Except as otherwise provided in Paragraph B of this Article, the compact shall apply to all of the following:
(1) The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state, provided, however, that the placement of such a child into a residential facility shall require only notice of residential placement to the receiving state prior to placement.
(2) The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if any of the following apply:
(a) The child is being placed in a residential facility in another member state and is not covered under another compact.
(b) The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.
(3) The interstate placement of any child by a public child placing agency or private child placing agency as defined in the compact as a preliminary step to a possible adoption.
B. The provisions of the compact shall not apply to:
(1) The interstate placement of a child in a custody proceeding in which a public child placing agency is not a party, provided that the placement is not intended to effectuate an adoption.
(2) The interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement provided, however, that the placement is not intended to effectuate an adoption.
(3) The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.
(4) The placement of a child, not subject to Paragraph A of this Article, into a residential facility by his parent.
(5) The placement of a child with a noncustodial parent provided all of the following exist:
(a) The noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child.
(b) The court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child.
(c) The court in the sending state dismisses its jurisdiction in interstate placements in which the public child placing agency is a party to the proceeding.
(6) A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.
(7) A child who is a United States citizen living overseas with a United States armed services member stationed overseas, is removed and placed in a state.
(8) The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the Interstate Commission.
C. For purposes of determining the applicability of the compact to the placement of a child with a family in the armed services, the public child placing agency or private child placing agency may choose the state of the service member’s permanent duty station or the service member’s declared legal residence.
D. Nothing in this Chapter shall be construed to prohibit the concurrent application of the provisions of the compact with other applicable interstate compacts including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.
Acts 2010, No. 893, §1.