December 2016: Non-Voluntary Return - Runaway


Your Name:Stephen Horton

Your State: North Carolina

Your Role:Compact Office Staff

Type of Return:Non Voluntary Return: Runaway

Rule(s) Applied:6-102

Circumstances of the return:North Carolina ICJ was advised by the NC local that an Out-of-State Runaway was picked up and detained via NCIC hit. The youth was solely a Runaway and there was no supervision/jurisdiction in the Demanding State. At the Form III hearing the youth refused to waive Due Process. NC ICJ notified the Demanding State's ICJ Office which in turn notified their local. The local notified the parent/guardian. The parent/guardian then refused to petition the court for Requisition and return of the youth. The Demanding State's ICJ office and its local worked with the Demanding State's Social Service agency to complete the documentation for Requisition and return.

How the ICJ Rules assisted in the return:Rule 6-103 #11 indicates that if the legal guardian/custodian are unable or refuses to initiate the requisition process, the Demanding State's appropriate authority shall initiate the process on behalf of the juvenile.

Issues that occurred in the course of the return:The parent/guardian refusal to Requisition the court for the youth's Non-Voluntary return and the Demanding States Social Service agency hesitancy to complete the Requisition delayed its completion and the hearing for the youth's possible return.

What didn’t the ICJ Rules address with regard to the return:Under Rule 6-103 #11 the Rule indicates the "appropriate authority" is to initiate on the juvenile's behalf. However, often times, local Social Services agencies don't want or wish to assume custody of a youth that is not located in their State/jurisdiction. Additionally, the need to return the youth expeditiously is not often understood by those authorities/agencies now assisting in the return.

Tip(s) Learned:It is imperative that the ICJ offices communicate effectively and efficiently with each other and their local(s) and that those locals convey to those "appropriate agencies" the need to work swiftly within the given timeframes to return the juvenile to the Home/Demanding State.


Posted on Tuesday, November 29, 2016 (Archive on Friday, December 30, 2016)
Posted by JAdkins  Contributed by JAdkins