GEORGIA
39-4-4 G
*** CODE SECTION *** 08/08/97
39-4-4.
The Interstate Compact on the Placement of Children is enacted into
law and entered into with all other jurisdictions legally joining
therein in form substantially as follows:
Article I. 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:
(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 of which
to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children
will be promoted.
Article II. Definitions.
As used in this compact:
(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, or 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.
Article III. 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:
(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.
Article IV. 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.
Article V. 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.
(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.
Article VI. 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:
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.
Article VII. 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.
Article VIII. Limitations.
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by his
parent, step-parent, grandparent, adult brother or sister, adult
uncle or aunt, or his guardian and leaving the child with any such
relative or non-agency 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.
Article IX. 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.
Article X. 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 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.
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