Rules Round-Table Discussion

2013 Annual Business Meeting

Rule 1-101: Adjudicated Status Offender

Serving Juveniles While Protecting Communities

• Uniformity with Statute definition

Rule 1-101: Aftercare (temporary community placement) 

Serving Juveniles While Protecting Communities

• Rescind definition; term is not used in Rules or Statute

Rule 1-101: Custody 

Serving Juveniles While Protecting Communities

  • Rescind definition; current language addresses only juveniles in detention

• Refer to dictionary for terms not defined in Rules or Statute

Rule 1-101: Home Evaluation/ Investigation 

Serving Juveniles While Protecting Communities

• Remove “legal and social” from definition

• Some states require a field officer to be licensed or certified to conduct a “legal and social” evaluation

Rule 1-101: Juvenile Sex Offender

Serving Juveniles While Protecting Communities

• Clarifies that the sending state determines if a juvenile is classified as a juvenile sex offender

Rule 1-101: Residential Facility 

Serving Juveniles While Protecting Communities

• Add definition to clarify use of term in Rule 4-101(f)(2)

• Rule 5-102(2) and Form VII contain the phrase “residential treatment facilities”

− Strike the word “treatment” from rule and the words “private” and “treatment” on form to include all residential facilities, not just treatment-based facilities

Rule 1-101: Sanction

Serving Juveniles While Protecting Communities

• Add definition to clarify use of term in Rule 4-104

Rule 2-102: Data Collection

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• Strike language requiring data collection for institutionalization and out-of-state confinement

Rule 4-101: Processing Referrals

Serving Juveniles While Protecting Communities

• (2) Edit language to clarify that compact-eligible juveniles cannot relocate to another state without an approved transfer

• (2)(f)(2) Add language to ensure secondary schools are accredited

• (3) Amend language to read that juveniles who are placed through the ICJ and subject to ICPC are not prohibited from being placed/supervised through ICPC

Rule 4-101A: Transfer of Students

Serving Juveniles While Protecting Communities

• Rescind rule; eligibility of students is addressed in Rule 4-101(f)

Rule 4-102: Sending and Receiving Referrals

Serving Juveniles While Protecting Communities

• Add language to ensure that the receiving state will not delay investigation while awaiting additional documents from the sending state

Rule 4-103: Transfer of Supervision Procedures for Juvenile Sex Offenders

Serving Juveniles While Protecting Communities

• (2) Clarifies eligibility requirements for an expedited transfer of supervision for a juvenile sex offender

• (2)(d) Add rule reference addressing reporting instructions

Rule 4-104: Supervision/Services Requirements

Serving Juveniles While Protecting Communities

• (1) Remove redundant language regarding visitation

• (2) Amend language to clarify that the receiving state may impose conditions on a transferred juvenile, if same conditions are applied to its own juveniles

• Receiving state is responsible for cost of imposed conditions

• (3) Replace “detention time in the receiving state” with sanctions to encompass other conditions

Rule 5-102: Travel Permit (Rules Cmte)

Serving Juveniles While Protecting Communities

• Current language requires a travel permit for juveniles meeting criteria under (1)(a)-(h), even if going into a residential facility

• Change “residential treatment facility” to “residential facility”

• Residential facility defined by proposed addition of term to Rule 1-101

Rule 5-102: Travel Permit (West Region)

Serving Juveniles While Protecting Communities

• (1) Add probationer juveniles to list of mandatory travel permit recipients

Rule 6-103: Non-Voluntary Return of Out-of-State Juveniles

Serving Juveniles While Protecting Communities

• Divides non-voluntary returns into two rules: non-delinquent and escapee, absconder, and accused delinquent

• No changes to timeframes for returns

New Rule 6-103A: Non-Voluntary Return of an Escapee, Absconder or Accused Delinquent

Serving Juveniles While Protecting Communities

• Divides non-voluntary returns into two rules: non-delinquent and escapee, absconder, and accused delinquent

• No changes to timeframes for returns

Rule 6-104: Return of Juveniles Whose ICJ Placement Has Failed

Serving Juveniles While Protecting Communities

• Returns and failed placements are incorporated into proposed new violations rule

• Rescinding of rule is dependent upon acceptance of new violations rule

Rule 6-106: Public Safety

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• Language in paragraph (3) is incorporated into new violations rule

− Dependent upon acceptance of new violations rule

Rule 7-101: Adoption of Rules and Amendments

Serving Juveniles While Protecting Communities

• (2) Biennial rule-making cycle• Allows more time for rule-clean up and

vetting• (8) No amendments made from the floor

New Rule: ICPC Recognition

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• If ICPC youth are held over 24 hours, the ICJ return rules shall apply

New Rule: Reporting Juvenile Non-Compliance, Failed Placement and Retaking

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• Replaces current failed placement rule

• Incorporates violations, non-compliance, failed placements and retaking into one rule

Form IA/VI: Application for Services and Waiver

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• Replace “placement resource” with “parent/legal guardian”

• Change ensures a legal guardian is signing the waiver

Form VII: Travel Permit (West Region)

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• New fields provide physical description

Form XI: Absconder from Supervision Violation Report

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• Eliminate form and use Violation Report (Form IX)

Reorganization

Serving Juveniles While Protecting Communities

Serving Juveniles While Protecting Communities

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Region Meetings3:30 – 5:00

Region RoomEast CavettoMidwest ColonnadeSouth Abbey NorthWest Dolores