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Rule 1-101: Definitions

As used in these rules, unless the context clearly requires a different construction:

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.

Adjudicated: a judicial finding 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.

Adjudicated Status Offender: a person found to have committed an offense that would not be a criminal offense if committed by an adult.

Affidavit: a written or printed declaration or statement of facts made voluntarily and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath.

Appropriate Authority: the legally designated person, agency, court or other entity with the power to act, determine, or direct

By-laws: those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.

Commission: a body corporate and joint agency made up of compacting states who has the responsibility, powers and duties set forth in the ICJ.

Commissioner: the voting representative of each compacting state appointed pursuant to Article III of this Compact.

Commitment: an order by a court ordering the care, custody, and treatment of a juvenile to an agency or private or state institution maintained for such purpose.

Compact Administrator: the individual in each compacting state appointed pursuant to the terms of this Compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact.

Compacting State: any state which has enacted the enabling legislation for this Compact.

Counsel (Legal): a state licensed attorney either privately retained or appointed by a court of competent jurisdiction to represent a juvenile or other party to a proceeding under this Compact.

Court: any court having jurisdiction over delinquent, neglected, or dependent children.

Court Order: an authorized order by a court of competent jurisdiction.

Custodial Agency: the agency which has been ordered or given authority by the appropriate court to render care, custody, and/or treatment to a juvenile.

Defaulting State: any state that fails to perform any of its obligations or responsibilities under this Compact, the by-laws or any duly promulgated rules.

Deferred Adjudication:a court decision at any point after the filing of a juvenile delinquency or status complaint that withhold or defers formal judgment and stipulates terms and/or conditions of supervision and are eligible for transfer.

Demanding State: the state seeking the return of a juvenile with or without delinquency charges.

Deputy Compact Administrator: the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this Compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact.

Designee: a person who is authorized to act on behalf of the ICJ Commissioner or Administrator of any member state under the provisions of this compact, authorized by-laws, and rules.

Escapee: a juvenile who has made an unauthorized flight from in custody status or a facility to which he/she has been committed by a lawful authority.

Executive Director: the Commission's principal administrator (as defined in the Compact).

Hearing: any proceeding before a judge or other appropriate authority in which issues of fact or law are to be determined, in which parties against whom proceedings are initiated have notice and a right to be heard and which may result in a final order.

Holding State: the state where the juvenile is located.

Home Evaluation: an evaluation and subsequent report of findings to determine if supervision in a proposed residence is in the best interest of the juvenile and the community.

Home State: the state where the legal guardian or custodial agency is located.

Interstate Commission: the Interstate Commission for Juveniles created by Article III of this Compact.

Interstate Compact for Juveniles (ICJ): the agreement pertaining to the legally authorized transfer of supervision and care, as well as the return of juveniles from one state to another, which has been adopted by all member states that have enacted legislation in substantially the same language. The agreement does not include or provide for the transfer of court jurisdiction from one state to another.

Jurisdiction: the authority a court has to preside over the proceeding and the power to render a decision pertaining to one or more specified offenses with which a juvenile has been charged.

Juvenile: any person defined as a juvenile in any member state or by the rules of the Interstate Commission.

Juvenile Sex Offender: a juvenile having been adjudicated for an offense involving sex or of a sexual nature as determined by the sending state or who may be required to register as a sex offender in the sending or receiving state.

Legal Guardian: a parent or other person who is legally responsible for the care and management of the juvenile.

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.

Non-Offender: a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.

Notice: Advanced notification given to a party, either written or verbal, in regards to the future of an ICJ case.

Petition: a written request to the court or other appropriate authority for an order requiring that action be taken or a decision made regarding a juvenile stating the circumstances upon which it is founded.

Physical Custody: the detainment of a juvenile by virtue of lawful process or authority.

Probation/Parole: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting state.

Promulgate: to put a law or regulation into effect by formal public announcement and publication.

Receiving State: a state to which a juvenile is sent for supervision under provision of the ICJ.

Relocate: when a juvenile remains in another state for more than 90 consecutive days in any 12 month period.

Requisition: a written demand for the return of a non-delinquent runaway, probation or parole absconder, escapee, or accused delinquent.

Residential Facility: a staffed program that provides custodial care and supervision to juveniles.

Retaking: the act of a sending state physically removing a juvenile, or causing to have a juvenile removed, from a receiving state.

Rule: a written statement by the Interstate Commission promulgated pursuant to Article VI of this Compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.

Runaways: persons within the juvenile jurisdictional age limit established by the home state who have voluntarily left their residence without permission of their legal guardian or custodial agency.

Sanction: requirement, including but not limited to detention time, imposed upon a juvenile for non-compliance with terms of supervision.

Secure Facility: a facility which is approved for the holding of juveniles and is one which is either staff-secured or locked and which prohibits a juvenile in custody from leaving.

Sending State: a state which has sent or is in the process of sending juvenile to another state for supervision under the provisions of the ICJ.

State: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

State Committed (Parole): Any delinquent juvenile committed to a correctional facility that is conditionally released from an institutional setting or community supervision as authorized under the law of the sending state.

Substantial Compliance: Sufficient compliance by a juvenile with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending or receiving state.

Supervision: the oversight exercised by authorities of a sending or receiving state over a juvenile for a period of time determined by a court or appropriate authority, during which time the juvenile is required to report to or be monitored by appropriate authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the juvenile.

Termination: the discharge from ICJ supervision of a juvenile probationer or parolee by the appropriate authority.

Travel Permit: written permission granted to a juvenile authorizing travel from one state to another.

Voluntary Return: the return of a juvenile runaway, escapee, absconder, or accused delinquent who has consented to voluntarily return to the home/demanding state.

Warrant: an order authorizing any law enforcement or peace officer to apprehend and detain a specified juvenile.

History: Adopted December 2, 2009, effective March 1, 2010; “Deferred Adjudication” adopted September 15, 2010, effective January 1, 2011; “Probation/Parole” amended September 15, 2010, effective January 1, 2011; “Relocate” adopted September 15, 2010, effective January 1, 2011; “Retaking” adopted September 15, 2010, effective January 1, 2011; “Substantial Compliance” adopted September 15, 2010, effective January 1, 2011; “Adjudicated” amended October 26, 2011, effective March 1, 2012; “Appropriate Authority” adopted October 26, 2011, effective March 1, 2012; “Commitment” amended October 26, 2011, effective March 1, 2012; “Cooperative Supervision” amended October 26, 2011, effective March 1, 2012; “Detainer” amended October 26, 2011, effective March 1, 2012; “Hearing” amended October 26, 2011, effective March 1, 2012; “Holding State” amended October 26, 2011, effective March 1, 2012; “Juvenile Sex Offender” amended October 26, 2011, effective March 1, 2012; “Petition” amended October 26, 2011, effective March 1, 2012; “Requisition” amended October 26, 2011, effective March 1, 2012; “Residence” amended October 26, 2011, effective March 1, 2012; “Status Offense” amended October 26, 2011, effective March 1, 2012; "Substantial Compliance" amended October 17, 2012, effective April 1, 2013; “Termination” amended October 26, 2011, effective March 1, 2012; “Voluntary Return” amended October 26, 2011, effective March 1, 2012; “Adjudicated Status Offender” amended October 9, 2013, effective April 1, 2014; “Aftercare (temporary community placement)” rescinded October 9, 2013, effective April 1, 2014; “Custody” rescinded October 9, 2013, effective April 2014; “Home Evaluation/Investigation” amended October 9, 2013, effective April 1, 2014; “Juvenile Sex Offender” amended October 9, 2013, effective April 1, 2014; “Residential Facility” adopted October 9, 2013, effective April 1, 2014; “Sanction” adopted October 9, 2013, effective April 1, 2014; “Sanction” amended October 29, 2014, effective January 1, 2015; “Demanding State” amended August 26, 2015, effective February 1, 2016; “Detainer” rescinded August 26, 2015, effective February 1, 2016; “Detention Order” rescinded August 26, 2015, effective February 1, 2016; “Emancipation” rescinded August 26, 2015, effective February 1, 2016; “Escapee” amended August 26, 2015, effective February 1, 2016; “Good Faith Effort” rescinded August 26, 2015, effective February 1, 2016; “Guardian ad litem” rescinded August 26, 2015, effective February 1, 2016; “Holding State” amended August 26, 2015, effective February 1, 2016; “Home Evaluation/Investigation” amended August 26, 2015, effective February 1, 2016; “Home State” amended August 26, 2015, effective February 1, 2016; “Interstate Compact for Juveniles (ICJ)” amended August 26, 2015, effective February 1, 2016; “Juvenile” amended August 26, 2015, effective February 1, 2016; “Legal Custodian” amended August 26, 2015, effective February 1, 2016; “Legal Guardian” amended August 26, 2015, effective February 1, 2016; “Legal Jurisdiction” amended August 26, 2015, effective February 1, 2016; “Non-Compacting State” rescinded August 26, 2015, effective February 1, 2016; “Peace Officer” rescinded August 26, 2015, effective February 1, 2016; “Pick-Up Order” rescinded August 26, 2015, effective February 1, 2016; “Private Provider” rescinded August 26, 2015, effective February 1, 2016; “Residence” rescinded August 26, 2015, effective February 1, 2016; “Runaway” amended August 26, 2015, effective February 1, 2016; “Rule” amended August 26, 2015, effective February 1, 2016; “Status Offense” rescinded August 26, 2015, effective February 1, 2016; “Travel Permit” amended August 26, 2015, effective February 1, 2016;