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).