interstate compact for juveniles

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Interstate Compact for Juveniles. Training for Field Staff. Created 12/21/09. 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)* - PowerPoint PPT Presentation

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  • Serving Juveniles While Protecting CommunitiesInterstate Compact for JuvenilesTraining for Field StaffCreated 12/21/09

  • Serving Juveniles While Protecting CommunitiesIntroduction and HistoryOriginal Juvenile Compact came about in 1955New Juvenile Compact written in 2000, enacted in 2008Law in 41 states with more to join (11/10/09)*Provides for the welfare and protection of juveniles and the publicIs the only legal process for returning runawaysPromotes public safety and ensures effective monitoring of juveniles moving across state lines

    Serving Juveniles While Protecting Communities

  • Serving Juveniles While Protecting CommunitiesIntroduction and History - cont.Every jurisdiction is subject to ICJ rulesCommission has statutory authority to enforce complianceMembers pay an annual assessment feeEvery state shall establish an Advisory CouncilEstablishes uniform system for reporting, collecting & exchanging dataRule making authority which has force and effect of federal law

    Serving Juveniles While Protecting Communities

  • Business with Non-Member StatesRule 9-101: Transition RuleTransactions between signatory states to the new Compact will be governed by the rules adopted by the ICJTransactions between non-signatory states to the new Compact will be governed by the rules of the AJCA which were in effect as of 12/08Transactions between signatory and non-signatory states will be governed by the rules of the home/demanding stateConflicts between signatory and non-signatory states may be mediated by a neutral representative from ICJ and AJCA

    Serving Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • Serving Juveniles While Protecting CommunitiesCompact OfficeLiaison on matters regarding the ICJCoordinates the supervision transfer of probation and parole across state linesCoordinates the return of runaways, absconders, escapees and juveniles who have fled to avoid prosecutionConducts record checksProvides notification of out of state travel

    Serving Juveniles While Protecting Communities

  • Serving Juveniles While Protecting CommunitiesOther Compacts of InterestInterstate 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)

    Serving Juveniles While Protecting Communities

  • *LiabilityServing Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • *LiabilityLiable is defined by Webster as Legally obligated; responsibleAll Compact member states can be held liable for circumventing or violating the ICJ rulesThere is a legal obligation to follow and enforce the ICJ rules as written

    Serving Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • *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

    Serving Juveniles While Protecting Communities

  • Serving Juveniles While Protecting CommunitiesWhy 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 stateA persons status as a juvenile is determined by the sending or demanding stateThe Supreme Court has ruled that Compact law is special legislation and, as such, supersedes state law. [Virginia v West Virginia, 246 US 565 (1918).]

    Serving Juveniles While Protecting Communities

  • Communication Requirements Between States (Rule 4-105)All communication is transmitted between each states ICJ OfficeLocal jurisdictions may communicate with one another with the approval of both ICJ OfficesEmail copy of correspondence must be sent to ICJ Offices in both statesAll forms of communication must observe privacy laws (i.e. HIPPA, FERPA)Serving Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • ICJ FormsServing Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • List of Mandatory Approved FormsForm 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 RequestForm V - Report of Sending State Upon Parolee or Probationer Being Sent to the Receiving StateForm IA/VI A& B - Application for Compact Services/Memorandum of Understanding and WaiverICJ Travel Permit ICJ Home Evaluation IX - Quarterly Progress ReportX - Interstate Compact for Juveniles Commission Annual ReportServing Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • List of Optional FormsUse of the following forms is optional:Petition for Hearing on Requisition for Runaway JuvenileOrder Setting Hearing for Runaway JuvenilePetition for Requisition to Return JuvenilePetition for Hearing on Requisition for Escapee, Absconder, or Juvenile Charged as DelinquentOrder Setting Hearing for Escapee Absconder, or Juvenile Charged as DelinquentJuvenile Rights FormCase ClosureServing Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • Serving Juveniles While Protecting CommunitiesAdditional Information to IncludeCover letterComplaint/PetitionCourt orderRules of probation or parolePolice report(s)Social HistoryPsychological ReportSex Offender Registration requirementsVictim Notification, if requiredSchool and medical informationEvaluationsRestitution InformationAny restrictions on movement/ contactAny other information that may be helpful to the receiving state

    Serving Juveniles While Protecting Communities

  • RulesServing Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • DefinitionsKey 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

    Serving Juveniles While Protecting Communities

  • Serving Juveniles While Protecting CommunitiesDefinitions cont.Key TermsAdjudicated: 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.

    Serving Juveniles While Protecting Communities

  • Serving Juveniles While Protecting CommunitiesDefinitions cont.Key TermsAdjudicated 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.

    Serving Juveniles While Protecting Communities

  • Definitions cont.Key TermsNon-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

    Serving Juveniles While Protecting Communities

  • Definitions cont.Key TermsNon-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

    Serving Juveniles While Protecting Communities

  • SupervisionServing Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • Processing ReferralsEach 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 stateNo state will permit the transfer of supervision except as provided by the Compact and these rulesAll 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 ICPCServing Juveniles While Protecting Communities

    Serving Juveniles While Protecting Communities

  • Probation or Parole Investigation and Supervision RequestUse ICJ Form IVMust

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