454.989. Surrender of a parent charged with failure to provide support, procedure.
Surrender of a parent charged with failure to provide support,procedure.
454.989. (a) Before making demand that the governor of another statesurrender an individual charged criminally in this state with having failedto provide for the support of an obligee, the governor of this state mayrequire a prosecutor of this state to demonstrate that at least sixty dayspreviously the obligee had initiated proceedings for support pursuant tosections 454.850 to 454.997 or that the proceeding would be of no avail.
(b) If, under sections 454.850 to 454.997 or a law substantiallysimilar to sections 454.850 to 454.997, the uniform reciprocal enforcementof support act, or the revised uniform reciprocal enforcement of supportact, the governor of another state makes a demand that the governor of thisstate surrender an individual charged criminally in that state with havingfailed to provide for the support of a child or other individual to whom aduty of support is owed, the governor may require a prosecutor toinvestigate the demand and report whether a proceeding for support has beeninitiated or would be effective. If it appears that a proceeding would beeffective but has not been initiated, the governor may delay honoring thedemand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individualwhose rendition is demanded prevails, the governor may decline to honor thedemand. If the petitioner prevails and the individual whose rendition isdemanded is subject to a support order, the governor may decline to honorthe demand if the individual is complying with the support order.
(L. 1997 S.B. 361)Effective 7-1-97