§ 761. Authorization; compact provisions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 62 P.S. Poor Persons and Public Welfare
62 P.S. § 761
§ 761. Authorization; compact provisions
The Governor is hereby authorized and directed to execute a compact on behalf of the Commonwealth of Pennsylvania with any other state or states legally joining therein in form substantially as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
PURPOSE AND POLICY
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:
DEFINITIONS
As used in this compact:
(b) “Sending agency” means a party state, officer or employe thereof, a subdivision of a party state or officer or employe 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.
(d) “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.
CONDITIONS FOR PLACEMENT
(a) 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.
(b) 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:
(c) Any public officer or agency in a receiving state, which is in receipt of a notice pursuant to paragraph (b) of 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.
(d) 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.
PENALTY FOR ILLEGAL PLACEMENT
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 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.
RETENTION OF JURISDICTION
(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 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.
(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 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 paragraph (a) hereof.
INSTITUTIONAL CARE OF DELINQUENT CHILDREN
A child adjudicated delinquent may be placed in an institution in another party jurisdiction, pursuant to this compact, but no such placement shall be made unless the child is given a court hearing, on notice to the parent or guardian, with opportunity to be heard prior to his being sent to such other party jurisdiction for institutional care and the court finds that:
COMPACT ADMINISTRATOR
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
LIMITATIONS
This compact shall not apply to:
ENACTMENT AND WITHDRAWAL
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 two 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.
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of 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.
Credits
1967, June 13, P.L. 31, No. 21, art. 7, § 761, added 1973, July 25, P.L. 205, No. 50, § 2, imd. effective.
62 P.S. § 761, PA ST 62 P.S. § 761
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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