110 CMR 7.507 - Placement with Parent(s)

(1) No placement under the Interstate Compact occurs nor do the provisions of M.G.L. c. 119, § 36 apply when a court in one state, in connection with the granting of a divorce, awards any form of custody to a parent residing in another state.

(2) If a court enters an order which alters custodial rights which had been previously adjudicated in a divorce, separation or other legal proceeding, and such order places a child with a previously non-custodial parent in a state other than the one in which the child currently resides, there is a placement within the meaning of the Compact.

(3) No placement under the Interstate Compact occurs nor do the provisions of M.G.L. c. 119, § 36 apply when divorced parents agree to a placement of their child with a relative listed in 110 CMR 7.503(3), or when one divorced parent places his/her child with the other non-custodial divorced parent across state lines.

(4) Whenever a state agency has custody of a child or care of a child pursuant to a voluntary placement agreement, and such agency places a child with his/her parent(s) in another state, this constitutes a placement under the Interstate Compact.

(5) Whenever a court in a divorce proceeding awards custody of a child to any third party including a relative listed in 110 CMR 7.503(3) against the wishes of the parents, this constitutes a placement under the Interstate Compact.

Notes

110 CMR 7.507