February 2017: Non-Voluntary Return - Absconder

Your Name: Jacey Nordmeyer

Your State: Nebraska

Your Role: Commissioner

Type of Return: Non-voluntary Return, Absconder

Rule(s) Applied: Rule 4-101, 6-103A, , 7-104(3)

Circumstances of the return: A Nebraska absconder, who falls under the 600 section of the ICJ rules, is detained in Nevada on an active warrant. The state of Nebraska informs the state of Nevada that they will not seek the return of this juvenile. Additionally, no one (agency or legal guardian) is seeking the juvenile's return.

How the ICJ Rules assisted in the return: Information regarding the eligibility for the transfer of supervision from Nevada to Nebraska is referenced in Rule 4-101: Eligibility Requirements for the Transfer of Supervision.

Overview of the return of this juvenile absconder was found in Rule 6-103A: Non-Voluntary Return of an Escapee, Absconder, or Accused Delinquent.

ICJ Rule 7-104(3): Warrants was also referenced.

What didn’t the ICJ Rules address with regard to the return: First, does this have to be a non-voluntary return? I don’t see anything in the scenario that indicates the youth is refusing to come back to NE voluntarily. The scenario only indicates no one is seeking her return.Since she is an absconder, NE would return the youth regardless of whether there is a warrant or not. However, some states do seem to choose not to return absconders.I am unsure if the rules specifically address whether a State has the discretion whether to return a youth who is determined to be an absconder regardless of whether there is an active warrant or not?

Posted on Wednesday, February 08, 2017 (Archive on Saturday, March 11, 2017)
Posted by JAdkins  Contributed by JAdkins