Voluntary Returns
Second, an out-of-state juvenile may be voluntarily returned under ICJ Rule 6-102. In addition to non-delinquent runaways, this rule applies to probation and parole absconders, escapees, and accused delinquents. The holding state’s ICJ office shall be advised of the juvenile’s detention and shall contact the juvenile’s home/demanding state’s ICJ Office concerning the case. ICJ Rule 6-102(2) provides the authority to hold an absconder, escapee, or accused delinquent “at a location it deems appropriate,” even in absence of a warrant. See also ICJ Ad. Op. 01-2019 (Interstate Comm’n for Juveniles 2019). For further discussion of issues related to detention, see infra Section 4.8.
The home/demanding state’s ICJ office is required to immediately initiate measures to determine the juvenile’s residency and jurisdictional facts in that state. Juveniles are to be returned only after charges are resolved when pending charges exist in the holding/receiving state unless consent is given by the holding/receiving and demanding/sending states’ courts and ICJ offices. See ICJ Rule 7-103(1) (Interstate Comm’n for Juveniles 2024).
The court in the holding state is required to inform the juvenile of their rights and may elect to appoint counsel or guardian ad litem to represent the juvenile in this process. Id. at Rule 6-102(3)-(5). If the juvenile agrees to return to the home/demanding state, the juvenile must sign the approved ICJ Form III, Consent for Voluntary Return of Out-of-State Juvenile, in the presence (physical or electronic) of the court.
Juveniles must be returned by the home/demanding state within five (5) business days of receiving Form III, Consent for Voluntary Return of Out-of-State Juvenile. This period may be extended up to an additional five (5) working days with approval from both ICJ offices. The ICJ Rules require the home/demanding state to be responsive to the holding state’s court orders in returning its juveniles. Each ICJ office is required to have pre-existing policies and procedures that govern the return of juveniles to ensure the safety of the public and juveniles. Id. at Rule 6-102(6)-(9).
The home/demanding state is also responsible for the costs of transportation and for making transportation arrangements. See id. at Rule 7-101. Further, ICJ Rule 7-102 designates that the home state’s ICJ office shall determine appropriate measures and arrangements to ensure the safety of the public and of juveniles being transported based on the holding and home states’ assessments of the juvenile. If the home state’s ICJ office determines that a juvenile is considered a risk to harm him/herself or others, the juvenile shall be accompanied on the return to the home/demanding state.