Interstate Compact for Juveniles Training for Field Staff Created 12/21/09 Serving Juveniles While Protecting Commu nities

Introduction 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 2

Serving Juveniles While Protecting Communities 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 3

Business 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 Serving Juveniles While Protecting Communities 4

Compact 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 5

Serving Juveniles While Protecting Communities Other 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) 6

7 Liability Serving Juveniles While Protecting Communities

8 Liability 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 Serving Juveniles While Protecting Communities

9 Types 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. Serving Juveniles While Protecting Communities

Why is there a need for an 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).] 10

Communication Requirements 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 – copy of correspondence must be sent to ICJ Offices in both states All forms of communication must observe privacy laws (i.e. HIPPA, FERPA) Serving Juveniles While Protecting Communities 11

ICJ Forms Serving Juveniles While Protecting Communities 12

List of ICJ Approved Forms 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 - Application for Compact Services/Memorandum of Understanding and Waiver ICJ Travel Permit X - Interstate Compact for Juveniles Commission Annual Report Serving Juveniles While Protecting Communities 13

List of Optional Forms Use of the following forms is optional: – Home Evaluation Report – Quarterly Progress Report –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 Serving Juveniles While Protecting Communities 14

Serving Juveniles While Protecting Communities Additional 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 15

Rules Serving Juveniles While Protecting Communities 16

Definitions Key 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. Serving Juveniles While Protecting Communities 17

Serving Juveniles While Protecting Communities 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. 18

Serving Juveniles While Protecting Communities 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 def ined 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. 19

Definitions – cont. 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. Serving Juveniles While Protecting Communities 20

Definitions – cont. 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. Serving Juveniles While Protecting Communities 21

Supervision Serving Juveniles While Protecting Communities 22

Processing 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 Serving Juveniles While Protecting Communities 23

Probation or Parole Investigation and 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 Serving Juveniles While Protecting Communities 24

Serving Juveniles While Protecting Communities Application for Compact Services/ 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 25

Serving Juveniles While Protecting Communities Cooperative Supervision/Services Requirements 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 26

Cooperative Supervision/Services 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 Serving Juveniles While Protecting Communities 27

Serving Juveniles While Protecting Communities Cooperative Supervision/Services Requirements – cont. 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 28

Cooperative Supervision/Services 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 Serving Juveniles While Protecting Communities 29

Cooperative Supervision/Services Requirements – cont. 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. Serving Juveniles While Protecting Communities 30

Serving Juveniles While Protecting Communities Home 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 31

When can states accept/deny 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 Serving Juveniles While Protecting Communities 32

When can states accept/deny 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 Serving Juveniles While Protecting Communities 33

When can states accept/deny 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 Serving Juveniles While Protecting Communities 34

Serving Juveniles While Protecting Communities Report of Sending State upon Parolee or Probationer Being Sent to Receiving State ICJ 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 35

Transfer of Supervision Procedures 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 Serving Juveniles While Protecting Communities 36

Transfer of Supervision 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 Serving Juveniles While Protecting Communities 37

Serving Juveniles While Protecting Communities Review 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 38

Serving Juveniles While Protecting Communities Home 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) 39

Serving Juveniles While Protecting Communities Quarterly 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 40

Serving Juveniles While Protecting Communities Closure 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 41

Victim 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 Serving Juveniles While Protecting Communities 42

Serving Juveniles While Protecting Communities Out 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 43

Out of State Travel Notification – 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 Serving Juveniles While Protecting Communities 44

Runaways Serving Juveniles While Protecting Communities 45

Release of Non-delinquent Juveniles to Parent/Guardian Authorities may release a juvenile to their parent/legal guardian within the first 24 hours (excluding weekends & holidays) without applying Rule –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 Serving Juveniles While Protecting Communities 46

Release of Non-delinquent Juveniles to Parent/Guardian – 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 Serving Juveniles While Protecting Communities 47

Release of Non-delinquent Juveniles to Parent/Guardian – 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. 48 Serving Juveniles While Protecting Communities

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 facts 2.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) 49

Voluntary Return of Out-of-State 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 Serving Juveniles While Protecting Communities 50

Non-voluntary Return of 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 Serving Juveniles While Protecting Communities 51

Non-voluntary Return of Out-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 state 7.The judge signs the requisition if it is determined that the juvenile should be returned Serving Juveniles While Protecting Communities 52

Non-voluntary Return of 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 Office 10.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 Serving Juveniles While Protecting Communities 53

Return of Juveniles Whose ICJ Placement 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 Serving Juveniles While Protecting Communities 54

Return of Juveniles Whose ICJ 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 Serving Juveniles While Protecting Communities 55

Return of Juveniles Whose ICJ 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 Serving Juveniles While Protecting Communities 56

Serving Juveniles While Protecting Communities New Charges in Holding/ Receiving 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 57

Financial 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 Serving Juveniles While Protecting Communities 58

Serving Juveniles While Protecting Communities Warrants 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 59

Custodial 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 Serving Juveniles While Protecting Communities 60

Transportation & 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 Serving Juveniles While Protecting Communities 61

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 Serving Juveniles While Protecting Communities 62

Transportation & Safety – cont. 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 Serving Juveniles While Protecting Communities 63

Transportation & Safety – cont. 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 Serving Juveniles While Protecting Communities 64

65 Resources Serving Juveniles While Protecting Communities

66 ICJ Website Rules By-Laws Presentations Manuals Advisory Opinions Directory Meeting Announcements Serving Juveniles While Protecting Communities

Contact Information National Office Interstate Commission for Juveniles PO Box Lexington, KY (859) (859) fax Interim Commission Website: interstateCommission_juveniles.aspx 67