Chapter 2.2.3 Adoption

Adoption

As discussed, the ICJ is adopted when a state legislature passes the compact language by enacting the provisions of the agreement and it is signed into law by the governor. It should be noted that unlike some compacts that are adopted through Executive Order or by delegation of authority to a state official, the ICJ is adopted by enacting a statute that is substantially similar to and contains all pertinent provisions of the model compact language.  As of 2024, the ICJ has been adopted in the following 52 jurisdictions: 

State Code Cite Last Action
     
Alabama  Ala. Code § 44-2-10 et seq. Signed April 22, 2004
Alaska Alaska Stat. § 47.15.010  Signed June 26 2009 
Arizona Ariz. Rev. Stat. § 8-368 Signed April 30, 2003 
Arkansas Ark. Code Ann. § 9-29-401 Signed April 6, 2005 
California Cal Welf. & Inst. Code § 1400 Signed January 1, 2010 
Colorado Colo. Rev. Stat. §§ 24-60-702 Signed April 26, 2004 
Connecticut Conn. Gen. Stat. § 46b-151h Signed June 18, 2003 
Delaware Del. Code Ann. tit. 31, §§ 5203 Signed June 8, 2003 
District of Columbia    D.C. Law 18-362 Signed June 2, 2011
Florida  Fla. Stat. Ann. § 985.802 Signed May 26, 2005
Georgia O.C.G.A § 49-4b-2 Signed April 28, 2014
Hawaii Haw. Rev. Stat. § 582D-1 Signed June 5, 2009 
Idaho Idaho Code § 520116-1901 Signed March 3, 2004 
Illinois 45 Ill. Comp. Stat. 11/1  Signed August 26, 2008 
Indiana Indiana Code 11-13-4.5-1.5 Signed May 17, 2011
Iowa  Iowa Code §§ 232.171, 232.172 Signed April 29, 2010
Kansas  Kan. Stat. Ann.§ 38-1008 Signed March 29, 2004 
Kentucky  Ky. Rev. Stat. Ann. § 615.010 Signed March 18, 2005 
Louisiana La. Rev. Stat. Ann. CHC § 1661 Signed July 3, 2003
Maine  Me. Rev. Stat. Ann. tit. 34-A, § 9901  Signed June 25, 2003
Maryland  Md. Code Ann. Human. Serv. § 9-301  Signed May 17, 2007 
Massachusetts  Mass. Gen. Laws Signed June 30, 2010
Michigan  Mich. Cons. Laws. § 3.692 Signed July 11, 2003 
Minnesota Minn. Stat §§ 260.515   Signed May 27, 2010
Mississippi  Miss. Code Ann. § 43-25-101 Signed March 17, 2009
Missouri  Mo. Rev. Stat. § 210.570 Signed June 21, 2007 
Montana  Mont. Code Ann. § 41-6-101 Signed April 1, 2003 
Nebraska  Neb. Rev. Stat. § 43-1011 Signed May 27, 2009 
Nevada  Nev. Rev. Stat. § 62I.01 Signed May 19, 2005 
New Hampshire N.H. Rev. Stat. Ann. § 169-A:2 Signed July 5, 2011
New Jersey  N.J. Stat. Ann. § 9:23B-1 Signed September 10, 2004
New Mexico  N.M. Stat. Ann. § 32A-10-9 Signed March 19, 2003
New York N.Y. Executive Law § 501-E Signed May 24, 2011
North Carolina  N.C. Gen. Stat. ch. 120A § 1 Signed July 18, 2005
North Dakota  N.D. Cent. Code § 12-66-01 Signed March 13, 2003
Ohio Ohio Revised Code § 2151.56 Signed June 30, 2011
Oklahoma  Okla. Stat. tit. 22 § 10-7309-1.2 Signed April 21, 2004
Oregon  Or. Rev. Stat. § 417.010 et seq. Signed August 4, 2009
Pennsylvania  11 Pa. Cons. Stat. § 890.2 Signed July 2, 2004
Rhode Island  R.I. Gen. Laws § 14-6.1-1 Signed July 10, 2003
South Carolina  S.C. Code Ann. § 20-7-8800 Signed May 24, 2006
South Dakota  S.D. Codified Laws § 26-12-15 Signed February 13, 2004
Tennessee  Tenn. Code Ann. § 37-4-101 Signed June 20, 2008
Texas  Texas Family Code Ann. § 60.010 Signed June 18, 2005
Utah  Utah Code Ann. § 55-12-100 Signed March 16, 2005
Vermont Vt. Stat. Ann. tit. 33 § 5721 Signed May 12, 2010
Virginia  Va. Code Ann. §§ 16.1-323 Signed March 12, 2007
Washington  Wash. Rev. Code § 13.24.011 Signed May 9, 2003
West Virginia W. Va. Code § 49-8A-1 Signed April 6, 2004
Wisconsin  Wis. Stat. § 938.999 Signed March 30, 2006
Wyoming  Wyo. Stat. Ann. § 14-6-102 Signed March 5, 2004
U.S. Virgin Islands V.I. Code Ann § 5-64-701a Signed April 7, 2010

 

As of 2024, the following jurisdictions have not adopted the Revised ICJ:

  • American Samoa
  • Guam
  • Northern Marina Islands
  • Puerto Rico

Until these jurisdictions (territories) enact the ICJ, there is no formal agreement through which transfers or returns of juveniles may be accomplished.  Thus, the terms and conditions of any such transfers or returns will require negotiation by and between each ICJ state and each remaining non-member jurisdiction (territory) seeking to either transfer or return a juvenile on a case-by-case basis or by means of an individual agreement negotiated between each ICJ member state and any other non-member jurisdiction with which transfers or returns of juveniles are necessary.  The ICJ specifically recognizes this inevitable consequence in Article VI, Section F.

Congress has not consented for tribes to enter into agreements with states as members of the Interstate Compact for Juveniles. While it is clear that under the Compact Clause the states may enter into some interstate compacts without the necessity of seeking congressional approval, by contrast, the ‘Treaty Clause’ set forth in Article I, Section 10, Clause 1 of the Constitution declares unequivocally that “No State, shall enter into Any Treaty, Alliance or Confederation.” As such, no authority exists under which the provisions of the ICJ statute or its rules can regulate transfers of juveniles to and from sovereign tribal nations or reservation lands. See Oklahoma Tax Commission v. Sac and Fox Nation, 508 U.S. 114, 123-124 (1993); also, Oneida Indian Nation of New York State et al. v. County of Oneida New York, et al., 414 U.S. 661 (1974).