ORS 417.200
Interstate Compact on Placement of Children
(a)
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.(b)
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.(c)
The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made.(d)
Appropriate jurisdictional arrangements for the care of children will be promoted.(a)
“Child” means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.(b)
“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.(c)
“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.(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.(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:(1)
The name, date and place of birth of the child.(2)
The identity and address or addresses of the parents or legal guardian.(3)
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.(4)
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.(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.(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.(b)
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.(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.(1)
Equivalent facilities for the child are not available in the sending agency’s jurisdiction; and(2)
Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.(a)
The sending or bringing of a child into a receiving state by a parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or guardian and leaving the child with any such relative or nonagency guardian in the receiving state.(b)
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.[1975 c.482 §1]
Source:
Section 417.200 — Interstate Compact on Placement of Children, https://www.oregonlegislature.gov/bills_laws/ors/ors417.html.
Notes of Decisions
Where court knew that relative intended to take child within court’s jurisdiction out of state, court’s placement of child with relative was subject to sending agency placement requirements rather than exception for out-of-state placement by relatives. State ex rel Juvenile Dept. v. Campbell, 178 Or App 271, 36 P3d 989 (2001)
Interstate Compact on the Placement of Children applicability language “placement in foster care” refers to substitutes for parental care, and compact does not apply to circumstances in which child is residing with parent in another state. Dept. of Human Services v. D.C.B., 310 Or App 729, 489 P3d 598 (2021)
Law Review Citations
25 LCLR 1021 (2021)
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