110 CMR 7.520 - Effect of Violation on Placements

(1) Failure by any receiving agency or sending agency, including a court, to utilize Interstate Compact procedures whenever the Compact applies renders the placement illegal.

(2) Such illegal placement shall not permit the sending agency to avoid the financial responsibility for the placement or other requirements of the Compact which would rest with the sending agency had the Compact not been violated.

(3) Whenever a placement is illegal because the Compact, which was applicable, was either not used or its provisions were violated, such placement shall be brought into compliance with the Compact or the placement shall be terminated.

(4) Whenever the provisions of M.G.L. c. 15D, §§ 6(c) or 6(e) have been violated the Department of Early Education and Care may petition the Superior Court to enjoin any such violation or to take such other action as equity and justice may require. See M.G.L. c. 28A, § 16.

Notes

110 CMR 7.520