interstate compact for juveniles

Serving Juveniles While Protecting Communities

Interstate Compact for Interstate Compact for JuvenilesJuveniles

Training for Field StaffTraining for Field Staff

Created 12/21/09


Introduction and HistoryIntroduction and History

• Original Juvenile Compact came about in 1955• New Juvenile Compact written in 2000, enacted in

2008• Law in 41 states with more to join (11/10/09)*• Provides for the welfare and protection of

juveniles and the public• Is the only legal process for returning runaways• Promotes public safety and ensures effective

monitoring of juveniles moving across state lines


Introduction and History - cont.Introduction and History - cont.

• Every jurisdiction is subject to ICJ rules• Commission has statutory authority to enforce

compliance• Members pay an annual assessment fee• Every state shall establish an Advisory Council• Establishes uniform system for reporting,

collecting & exchanging data• Rule making authority which has force and effect

of federal law

Business with Non-Member StatesBusiness with Non-Member States• Rule 9-101: Transition Rule

– Transactions between signatory states to the new Compact will be governed by the rules adopted by the ICJ

– Transactions between non-signatory states to the new Compact will be governed by the rules of the AJCA which were in effect as of 12/08

– Transactions between signatory and non-signatory states will be governed by the rules of the home/demanding state

– Conflicts between signatory and non-signatory states may be mediated by a neutral representative from ICJ and AJCA



Compact OfficeCompact Office

• Liaison on matters regarding the ICJ• Coordinates the supervision transfer of probation

and parole across state lines• Coordinates the return of runaways, absconders,

escapees and juveniles who have fled to avoid prosecution

• Conducts record checks• Provides notification of out of state travel


Other Compacts of InterestOther Compacts of Interest

• Interstate Compact on the Placement of Children (ICPC)

• Interstate Compact on Mental Health (ICMH)• Interstate Compact for Adult Offender

Supervision (ICAOS)• Interstate Compact on Educational Opportunity

for Military Children (MIC3)

7

LiabilityLiability


8

LiabilityLiability

• Liable is defined by Webster as “Legally obligated; responsible…”

• All Compact member states can be held liable for circumventing or violating the ICJ rules

• There is a legal obligation to follow and enforce the ICJ rules as written


9

Types of Public ActsTypes of Public Acts

• Discretionary: acts in which the public employee has the freedom to exercise good judgment and care in carrying out an act. Defined with words like “may” and “can”; these acts are not mandatory duties.

• Ministerial: acts that a public employee is required by law to fulfill. Most often these acts are defined by “shall” or “must”; they impose a mandatory duty without regard to discretion.



Why is there a need for an Why is there a need for an interstate compact?interstate compact?

• Due to variations in state laws, a person who is considered a juvenile in one state may not be considered so in another state

• A person’s status as a juvenile is determined by the sending or demanding state

• The Supreme Court has ruled that Compact law is special legislation and, as such, supersedes state law. [Virginia v West Virginia, 246 US 565 (1918).]

Communication Requirements Communication Requirements Between States (Rule 4-105)Between States (Rule 4-105)

• All communication is transmitted between each state’s ICJ Office

• Local jurisdictions may communicate with one another with the approval of both ICJ Offices– Email copy of correspondence must be sent to ICJ

Offices in both states

• All forms of communication must observe privacy laws (i.e. HIPPA, FERPA)


ICJ FormsICJ Forms


List of Mandatory Approved List of Mandatory Approved FormsForms

• Form I - Requisition for Runaway Juvenile)• Form II - Requisition for Escapee or Absconder/Juvenile

Charged with Being Delinquent)• Form III - Consent for Voluntary Return by Runaway,

Escapee or Absconder)• Form IV - Parole or Probation Investigation Request• Form V - Report of Sending State Upon Parolee or

Probationer Being Sent to the Receiving State• Form IA/VI A& B - Application for Compact

Services/Memorandum of Understanding and Waiver

• ICJ Travel Permit • ICJ Home Evaluation • IX - Quarterly Progress Report• X - Interstate Compact for Juveniles Commission Annual

Report Serving Juveniles While Protecting Communities

List of Optional FormsList of Optional Forms

• Use of the following forms is optional:– Petition for Hearing on Requisition for Runaway Juvenile– Order Setting Hearing for Runaway Juvenile– Petition for Requisition to Return Juvenile– Petition for Hearing on Requisition for Escapee,

Absconder, or Juvenile Charged as Delinquent– Order Setting Hearing for Escapee Absconder, or Juvenile

Charged as Delinquent– Juvenile Rights Form– Case Closure



Additional Information to IncludeAdditional Information to Include• Cover letter• Complaint/Petition• Court order• Rules of probation or

parole• Police report(s)• Social History• Psychological Report• Sex Offender

Registration requirements

• Victim Notification, if required

• School and medical information

• Evaluations• Restitution Information• Any restrictions on

movement/ contact• Any other information

that may be helpful to the receiving state

RulesRules


DefinitionsDefinitionsKey Terms • Absconder: a juvenile probationer or parolee who

hides, conceals, or absents him/herself with the intent to avoid legal process or authorized control.

• Accused Delinquent: a person charged with an offense that, if committed by an adult, would be a criminal offense.

• Accused Status Offender: a person charged with an offense that would not be a criminal offense if committed by an adult.



Definitions – cont.Definitions – cont.

Key Terms• Adjudicated: a judicial finding, subsequent to

proper judicial process, that a juvenile is a status offender or delinquent.

• Adjudicated Delinquent: a person found to have committed an offense that, if committed by an adult, would be a criminal offense.


Definitions – cont.Definitions – cont.Key Terms• Adjudicated Status Offender: a person found to

have committed an offense that would not be a criminal offense if committed by an adult; [e.g., child in need of supervision (CINS), (CHINS), person in need of supervision (PINS), deprived child, undisciplined child, etc.], and who are eligible for services under the provisions of the ICJ.

• Juvenile: a person defined as a juvenile in any member state or by the rules of the Interstate Commission, including accused juvenile delinquents, adjudicated delinquents, accused status offenders, adjudicated status offenders, non-offenders, non-adjudicated juveniles, and non-delinquent juveniles.


Key Terms• Non-Adjudicated Juveniles: all juveniles who are

under juvenile court jurisdiction as defined by the sending state, and who have been assigned terms of supervision and are eligible for services pursuant to the provisions of the Interstate Compact for Juveniles.

• Non-Delinquent Juvenile: any person who has not been adjudged or adjudicated delinquent.



Key Terms• Non-Offender: a person in need of supervision

who has not been accused or adjudicated a status offender or delinquent.

• Runaway: a child under the juvenile jurisdictional age limit established by the state, who has run away from his/her place of residence, without the consent of the parent, guardian, person, or agency entitled to his/her legal custody.


SupervisionSupervision


Processing ReferralsProcessing Referrals• Each state that is a party to the ICJ will process all

referrals involving juveniles provided that those juveniles are under juvenile jurisdiction in the sending state

• No state will permit the transfer of supervision except as provided by the Compact and these rules

• All cases being transferred to another state are pursuant to the ICJ except cases involving concurrent jurisdiction under the Interstate Compact on Placement of Children, known as ICPC


Probation or Parole Investigation Probation or Parole Investigation and Supervision Requestand Supervision Request

Use ICJ Form IV• Must be included in all referrals• Make sure the form is legible• Fill out completely to provide basic information• Include “referred by” for easy reference



Application for Compact Application for Compact Services/ MOU & WaiverServices/ MOU & Waiver

ICJ Form IA/VI • Must be included in all referrals• Juvenile and parent/guardian signatures can be

obtained by the receiving state• Obtain a judge’s signature before sending for

probation transfers• ICJ Office signs for parole transfers

– Provide written notification to receiving state of juvenile’s departure


Cooperative Supervision/Services Cooperative Supervision/Services RequirementsRequirements

• Each ICJ office will forward all its cases within 5 days of receipt

• Each ICJ Office creates procedures for own state• Parole cases –

– Timeframe: forms completed 45 days prior to juvenile’s anticipated arrival

– Forms IV, IA/VI, Order of Commitment, & Court Order MUST be included in referral packet

– ICJ Office in sending state also should provide copies of petition/arrest reports, legal and social history, & other pertinent info

Cooperative Supervision/Services Cooperative Supervision/Services Requirements – cont.Requirements – cont.

• Probation cases – – Timeframe: each ICJ office will forward all its cases

within 5 days of receipt– MUST include copies of Forms IV, IA/VI, Order of

Adjudication and Disposition, Conditions of Probation, & Petition/Arrest Reports

– Sending state ICJ office has up to 45 calendar days to provide completed forms to receiving state

– ICJ Office in sending state also should provide copies of Legal and Social History & other pertinent info




• Receiving state assumes the duties over any juvenile• Supervision fees are NOT applicable under the

Compact • Sending state is financially responsible for treatment

services ordered by the court when they are not available through the supervising agency in the receiving state or cannot be obtained via Medicaid, private insurance, or other payor

• Age majority and duration of supervisions are determined by the sending state

Cooperative Supervision/Services Cooperative Supervision/Services Requirements– cont.Requirements– cont.

• When conducting home evaluations for sex offenders, the receiving state ensures compliance with local policies/laws prior to issuing reporting instructions

• Juvenile restitutions payments/court fines are paid by juvenile/juvenile’s family to the adjudicating court/agency in sending state– Supervising officers encourage timely payments in

accordance with court order of sending state– Sending state provides specific payment schedule &

payee info to the receiving state



• Supervision for the sole purpose of collecting restitution is NOT justifiable reason to open a case

• Cases currently under supervision CANNOT be closed without the consent of the sending state prior to the termination date.



Home Evaluation ReportsHome Evaluation Reports

• Receiving state’s ICJ Office shall request its local offices to complete a home evaluation within 30 calendar days of receipt of referral

• Receiving state’s ICJ Office must forward the evaluation to sending state within 45 calendar days to the sending state

• Must use the ICJ Home Evaluation Form• Must include a recommendation for

acceptance or denial

When can states accept/deny When can states accept/deny supervision?supervision?

• Only ICJ Administrator or designee can authorize or deny supervision– Administrator’s/designee’s signature required on ICJ

Home Evaluation Form

• Supervision CANNOT be denied due to age or type of offense

• Supervision may be denied when the home evaluation indicates that the proposed placement is unsuitable/not compliant with terms of supervision


When can states accept/deny When can states accept/deny supervision? – cont.supervision? – cont.• Procedure if receiving state denies supervision

– sending state reviews evaluation within 10 calendar days of receipt of denial

– If judicial authority forces placement in receiving state• Sending state submits Court order to receiving state before

supervision is accepted

• Sending state has 5 working days to provide reporting instructions to juvenile once it receives acceptance of supervision– Must also provide written notification of the juvenile’s

departure to the receiving state


When can states accept/deny When can states accept/deny supervision? – cont.supervision? – cont.

• What if the juvenile has legal custodian(s) remaining in the sending state?– If the placement of the juvenile is not successful, the

sending state will make transportation plans for the return of the juvenile

– Sending state has 5 working days to return the juvenile in accordance with ICJ rules



Report of Sending State upon Report of Sending State upon Parolee or Probationer Being Parolee or Probationer Being Sent to Receiving StateSent to Receiving State

ICJ Form VICJ Form V• Send after the request is made and before the

juvenile is placed• Send on Parole cases as far in advance as

possible• Must include reporting instructions

Transfer of Supervision Transfer of Supervision ProceduresProcedures

• Cooperative supervision requires written approval from the receiving state’s ICJ Office– Sending state maintains responsibility until supervision

is accepted by the receiving state

• Emergency Transfer of Supervision– Sending state’s ICJ Office is responsible for verifying that

an emergency exists– If an emergency does exist, referral info is provided to

the receiving state’s ICJ Office as quickly as possible, – Receiving state also is given info on the nature of the

emergency


Transfer of Supervision Transfer of Supervision Procedures – cont.Procedures – cont.

• When transferring a sex offender, the following documentation should be provided to the receiving state– Assessment information (sex offender specific

assessments)– Information relevant to the sex offender’s criminal

sexual behavior– Victim information including gender, age, and

relationship to the juvenile



Review RequestReview Request

• Ensure forms are included with signatures and packages are in order

• Include the Court Order – jurisdiction must be retained

• Ensure back-up documentation is included• Ensure that referral is HIPAA and FERPA

compliant• Send copies of all case materials to your ICJ

Office


Home Evaluation ReportsHome Evaluation Reports

• The Compact Administrator, or designee, accepts or denies a case based on: – Probation / Parole Officer’s recommendation,– ICJ Law, and– ICJ Rules

• Must provide the home evaluation to the sending ICJ Office within 45 calendar days of receiving case– Also provide final approval/disapproval of the request

for cooperative supervision. (Rule 4-102)


Quarterly Progress ReportsQuarterly Progress Reports

• Due to sending state every 90 days• Additional reports will be provided when

– Concerns arise over juvenile– A change in placement occurs

• Report violations to your ICJ Office as soon as possible


Closure of CasesClosure of Cases• Sending state has sole authority to

discharge/terminate its juveniles except when– The court order expires,– Period of parole/probation expires

• Receiving state sends notification of expiration to sending state within 5 business days

– The juvenile receives an adult conviction longer than the juvenile sentence

• When receiving state accepts probation/parole cases, the sending state has 90 calendar days to complete placement– Receiving state may then close case with written notice

to sending state– Sending state may request an extension or resubmit later

Victim NotificationVictim Notification

• Sending state must follow its own laws & policies• Sending state will request all information

necessary to fulfill victim notification requirements

• Receiving must respond to requests from sending state within 5 working days



Out of State Travel NotificationOut of State Travel Notification• Travel permits are mandatory in the following

instances• Travel permits are issued to test a placement

– Max length of permit is 90 calendar days– Issued when visits exceed 48 hours (probation cases only)– Within 30 calendar days a referral packet must be sent to

receiving state

• When a permit exceeds 30 calendar days– Sending state sends special instructions for juvenile to

maintain contact with supervising agency

• Probation/parole officer or court designee authorizes/denies out-of-state travel prior to movement

Out of State Travel Notification – Out of State Travel Notification – cont.cont.

• Receiving state forwards Travel Permit to jurisdiction of visit

• Special circumstances that require Travel Permits regardless of length of visit– Sex-related offense– Violent offenses that have resulted in

injury/death– Offenses committed with a weapon– Juveniles committed to state custody


RunawaysRunaways


Release of Non-delinquent Release of Non-delinquent Juveniles to Parent/GuardianJuveniles to Parent/Guardian

• Authorities may release a juvenile to their parent/legal guardian within the first 24 hours (excluding weekends & holidays) without applying Rule 6-102– Exceptions to this rule are instances where

abuse/neglect is suspected

• If the juvenile remains in custody beyond 24 hours, the holding state’s ICJ Office must be notified


Release of Non-delinquent Release of Non-delinquent Juveniles to Parent/Guardian – Juveniles to Parent/Guardian – cont.cont.

• Non-delinquent juveniles who are endangering themselves or others held beyond 24 hours are to be held in secure facilities until returned by the home state


Release of Non-delinquent Release of Non-delinquent Juveniles to Parent/Guardian – Juveniles to Parent/Guardian – cont.cont.

• OJJDP Exclusion– Out-of-State runaways securely held beyond 24 hours

solely for the purpose of being returned to proper custody in another state in response to a want, warrant, or request from a jurisdiction in the other state or pursuant to a court order must be reported as violations of the deinstitutionalization of status offenders requirements. Juveniles held pursuant to the Interstate Compact on Juveniles enacted by the state are excluded from the DSO requirements in total.


Voluntary Return of Out-of-State Juveniles

• When an out-of-state juvenile is found and detained:1. Holding state’s ICJ Office will inform home state’s ICJ

Office of the case• Home state’s ICJ determines juvenile’s

residency/jurisdictional facts2. At a court hearing, the judge informs the juvenile of

his/her rights using ICJ Juvenile Rights Form• Court may appoint counsel or guardian ad litem

3. If the juvenile agrees to return, the juvenile signs ICJ Form III (Consent for Voluntary Return)

Voluntary Return of Out-of-State Voluntary Return of Out-of-State Juveniles – cont.Juveniles – cont.

4. Once consent is executed, it is forwarded to Compact administrator/designee of holding state

– Consent form also forwarded to Compact Administrator/designee in home state

5. Home state responds to holding state’s court order in returning its juvenile

6. Juveniles are returned to home state within 5 working days of receipt of ICJ Form III

– Extension of additional 5 more working days with approval from both ICJ Offices


Non-voluntary Return of Non-voluntary Return of Out-of-State Juveniles – cont.Out-of-State Juveniles – cont.

1. The Requisition is addressed to the juvenile court in the holding state

– Verified by 2 copies of affidavit– Accompanied by 2 certified copies of supporting

documents that show entitlement• Judgment• Order of Adjudication• Petition Alleging Delinquency• Birth Certificate• Custody Decree• Letter of Guardianship

2. Upon receipt, the home state’s ICJ Office forwards 2 copies of requisition to ICJ Office of the holding state


Non-voluntary Return of Non-voluntary Return of Out-of-State JuvenilesOut-of-State Juveniles

3. Written requisition due within 60 days of notification of refusal of the juvenile to consent to return

4. Maximum amount of time juveniles can be held, pending receipt of requisition, is 90 days

5. If the juvenile is a non-delinquent runaway, the parent/legal guardian must petition court in jurisdiction for a requisition

6. Judge in home state determines if– Petitioner is entitled to legal custody– The juvenile ran away without consent– The juvenile is an emancipated minor– It is in the best interest of the juvenile to compel his/her return to the

state7. The judge signs the requisition if it is determined that the

juvenile should be returned


Non-voluntary Return of Non-voluntary Return of Out-of-State Juveniles – cont.Out-of-State Juveniles – cont.8. ICJ Office of holding state forwards requisition to the court

where the juvenile is believed to be located– If not detained, the court orders detainment of the juvenile

9. A hearing commences within 30 calendar days of receipt of requisition

– Time can be extended by approval of both ICJ offices– The court may elect counsel or guardian ad litem– If requisition is in order, the judge orders the return of juvenile to

home state– If requisition is not honored, judge will provide advising– Order of return is sent immediately to the holding state’s ICJ Office

and home state’s ICJ Office10. Requisitioned juveniles are accompanied while returning to

home state– Juveniles are to be returned within 5 working days of receipt by

demanding state’s ICJ Office


Return of Juveniles Whose ICJ Return of Juveniles Whose ICJ Placement Has FailedPlacement Has Failed

• If the ICJ Applications for Compact Services and MOU & Waiver Form has the appropriate signatures, no further court procedures are required– The ICJ pre-signed voluntary waiver provides the due

process requirement for this return

• After notifying the sending state’s ICJ Office, an accredited officer of the sending state may enter receiving state and retake juvenile– A warrant may be issued if such action is not practical


Return of Juveniles Whose ICJ Return of Juveniles Whose ICJ Placement Has Failed – cont.Placement Has Failed – cont.

• After notice, the sending state has 5 working days to return the juvenile– Time limit may be extended with approval of both ICJ

Offices

• Decision of sending state to retake juvenile is NOT reviewable by the receiving state– The exception to this rule is if the juvenile is suspected of

having committed a criminal offense/act of juvenile delinquency in the receiving state


Return of Juveniles Whose ICJ Return of Juveniles Whose ICJ Placement Has Failed – cont.Placement Has Failed – cont.

• The authorized officer of the sending state is permitted to transport the delinquent juvenile through any and all states who are party to this Compact without interference



New Charges in Holding/New Charges in Holding/Receiving StateReceiving State

• Juveniles are returned only – With the consent of holding/receiving state– Or after charges are resolved when pending charges

exist in holding/receiving state

Financial ResponsibilityFinancial Responsibility• Home state is responsible for the costs of

transportation, for making transportation arrangements, and for the return of the juveniles within 5 working days of notification from the holding state’s ICJ Office– Contingent on the fact the juvenile’s due process rights

have been met– Time limit may be extended with the approval of both

ICJ Offices



WarrantsWarrants• All warrants must be entered into the National

Crime Information Center (NCIC) in order for another state to pick up juvenile– Holding states honors all warrants

• Once a juvenile is detained– demanding state has up to 2 working days to decide if

juvenile will be returned (Rule 6-108)

• Juvenile to be held in secure detention• “No bond/bail warrants”

– Juvenile remains in custodial detention regardless of individual state statute

– Juvenile DOES have opportunity for a hearing

Custodial DetentionCustodial Detention• ICJ Office in home state will return juvenile within

5 working days– After confirmation that due process rights have been met– Time period may be extended with approval both ICJ

Offices• Holding state liable for charges of detaining

juvenile unless– ICJ Office in home state is non-responsive within the

5 working day period• If after 10 working days the home state fails to

return juvenile– A judicial hearing will be provided – The juvenile may be discharged to parent/legal guardian

if holding state fails to provide hearing in 10 days


Transportation & SafetyTransportation & Safety

• Home state must arrange for return of juvenile within 5 working days after notice from holding state– Time period can be extended with approval from both

ICJ Offices– Home state is responsible for costs of transportation

• Home state decides arrangements to ensure safety of juvenile and public during transportation– Juveniles who are considered a risk to

themselves/others will be accompanied on their return


Transportation & Safety – cont.Transportation & Safety – cont.

• Holding states are responsible for transporting juveniles to airports/public transportation centers– Home state arranges transportation plans– Holding state maintains security until departure

• Traveling by commercial airline carrier– Holding state ensures that juvenile has picture ID if

available and/or a copy of applicable ICJ paperwork and/or due process documentation



• Holding states confiscate any personal items that could jeopardize health/safety of juveniles– Examples include weapons, cigarettes, lighters,

medication, change of clothes, or cell phone

• Holding states then send questionable belongings to legal guardians via approved– COD or at the expense of the demanding state



• Airport supervision (Rule 6-111)– All states provide supervision to unescorted juveniles at

all airports– Juveniles are to be supervised from arrival until

departure– Home states must give airport supervision a minimum

of 48 hrs advance notice

• Emergency Provisions (Rule 6-112)– If an emergency situation interrupts or changes travel

plans, member states shall provide necessary services and assistance until transport is rearranged and completed


65

ResourcesResources


66

ICJ WebsiteICJ Website

• Rules• By-Laws• Presentations• Manuals• Advisory Opinions• Directory• Meeting Announcements



ContactContact InformationInformationNational Office

Interstate Commission for Juveniles PO Box 11910

Lexington, KY 40578(859) 244-8029

(859) 244-8001 faxwww.juvenilecompact.org

Interim Commission Website:http://www.csg.org/programs/policyprograms/NCIC/interstateCommission_juveniles.aspx

interstate compact for juveniles

Documents

communitiesserving juveniles

ajcaserving juveniles

liabilityserving juveniles

writtenserving juveniles

protection of juveniles

state travelserving

state linesserving juveniles

new compact