42-10-125. Compacts -- required contents

MT Code § 42-10-125 (2019) (N/A)

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42-10-125. Compacts -- required contents. A compact under 42-10-121 through 42-10-128 must contain:

(1) a provision making it available for joinder by all states;

(2) a provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of 1 year between the date of the notice and the effective date of the withdrawal;

(3) a provision requiring that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;

(4) a provision requiring that each:

(a) instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state that undertakes to provide the adoption assistance; and

(b) agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and

(5) other provisions as may be appropriate to implement the proper administration of the compact.

History: En. Sec. 5, Ch. 274, L. 1991; Sec. 52-2-525, MCA 1995; redes. 42-10-125 by Sec. 174, Ch. 480, L. 1997.

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