77AWhen Secretary may transfer order

### 77A When Secretary may transfer order > [*\[Section 77A Inserted by No. 78 of 1999, s. 5, Applied:01 Jul 2000\]*](/view/html/inforce/2000-07-01/act-1999-078#GS5@EN) > > > (1)  The Secretary may transfer a home order to a participating State if – > > > > > > (a) in his or her opinion a child protection order to the same or a similar effect as the home order could be made under the child welfare law of that State; and > > > > > > > (b) the home order is not subject to an appeal; and > > > > > > > (c) the relevant interstate officer has consented in writing to the transfer and to the terms of the home order to be transferred (the "proposed interstate order"), including terms to be included in that order by the Secretary under this section; and > > > > > > > (d) any person whose consent to the transfer is required under [section 77B](#GS77B@EN) has so consented. > > > (2)  The Secretary may include in the proposed interstate order any conditions that could be included in a child protection order of that type made in the relevant participating State. > > > (3)  In determining whether a child protection order to the same or a similar effect as the home order could be made under the child welfare law of the participating State, the Secretary must not take into account the period for which it is possible to make such an order in that State. > > > (4)  The Secretary must determine, and specify in the proposed interstate order – > > > > > > (a) the type of order under the child welfare law of the participating State that the proposed interstate order is to be; and > > > > > > > (b) the period for which it is to remain in force. > > > (5)  The period must be – > > > > > > (a) if the same period as that of the home order is possible for the proposed interstate order under the child welfare law of the participating State commencing from the date of the registration of the interstate order in that State, that period; or > > > > > > > (b) in any other case, as similar a period as is possible under that law but in no case longer than the period of the home order.