Voluntary Return of Out-of-State Juveniles

Once an out-of-state juvenile is found and detained, the following procedures shall apply:

1. The holding state's ICJ Office shall be advised of juvenile detainment. The holding state's ICJ Office shall contact the home/demanding state's ICJ Office advising them of case specifics.

2. The home/demanding state’s ICJ Office shall immediately initiate measures to determine juvenile’s residency and jurisdictional facts in that state.

3. At a court hearing (physical or electronic), the judge in the holding state shall inform the juvenile of his/her due process rights under the compact and may use the ICJ Juvenile Rights Form. The court may elect to appoint counsel or a guardian ad litem to represent the juvenile in this process.

4. If in agreement with the voluntary return, the juvenile shall sign the approved ICJ Form III in the presence (physical or electronic) of a judge. The ICJ Form III shall be signed by a judge.

5. When an out-of-state juvenile has reached the age of majority according to the holding state’s laws and is brought before an adult court for an ICJ due process hearing, the home/demanding state shall accept an adult waiver instead of the ICJ Form III, provided the waiver is signed by the juvenile and the judge.

6. When consent has been duly executed, it shall be forwarded to and filed with the Compact administrator, or designee, of the holding state. The holding state’s Compact office shall in turn, forward a copy of the consent to the Compact administrator, or designee, of the home/demanding state.

7. The home/demanding state shall be responsive to the holding state’s court orders in effecting the return of its juveniles. Each ICJ Office shall have policies/procedures in place involving the return of juveniles that will ensure the safety of the public and juveniles.

8. Juveniles are to be returned by the home/demanding state in a safe manner and within five (5) business days of receiving a completed Form III or adult waiver. This time period may be extended up to an additional five (5) business days with approval from both ICJ Offices.

History: Adopted December 3, 2009, effective March 1, 2010; amended September 15, 2010, effective January 1, 2011; amended January 5, 2011, effective February 4, 2011; amended October 17, 2012, effective April 1, 2013