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Rule 4-101: Eligibility Requirements for the Transfer of Supervision

1. Each state that is a party to the ICJ shall process all referrals involving juveniles, for whom services have been requested, provided those juveniles are under juvenile jurisdiction in the sending state.

2. No state shall permit a juvenile who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules. A juvenile shall be eligible for transfer under ICJ if the following conditions are met:

a. is classified as a juvenile in the sending state; and

b. is an adjudicated delinquent, adjudicated status offender, or has a deferred adjudication in the sending state; and

c. is under the jurisdiction of a court or appropriate authority in the sending state; and

d. has a plan inclusive of relocating to another state for a period exceeding ninety (90) consecutive days in any twelve (12) month period; and

e. has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request; and

f. i. will reside with a legal guardian, relative, non-relative or independently, excluding residential facilities; or

   ii. is a full time student at an accredited secondary school, or accredited university, college, or licensed specialized training program and can provide proof of acceptance and enrollment.

3. If a juvenile is placed pursuant to the ICJ and is also subject to the Interstate Compact on the Placement of Children (ICPC), placement and supervision through the ICPC would not be precluded.

4. A request for the transfer of supervision for the sole purpose of collecting restitution and/or court fines is not permitted.

5. A juvenile who is not eligible for transfer under this Compact is not subject to these rules.

History: Adopted December 2, 2009, effective March 1, 2010; amended September 15, 2010, effective January 1, 2011; amended October 26, 2011, effective March 1, 2012; amended October 9, 2013, effective April 1, 2014; amended August 26, 2015, effective February 1, 2016; clerically amended November 4, 2015

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

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