Placement authority - Article 6

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§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).


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