Latest Developments in the ICJ
2026
Since the last update of the ICJ Bench Book for Judges and Court Personnel in 2024, the body of law regarding the Interstate Compact for Juveniles has continued to evolve. This update reflects amendments to six rules. Additionally, the Commission updated six advisory opinions to reflect the ICJ Rules as amended, effective April 1, 2026.
Rule amendments include:
Rule 4-102, “Sending and Receiving Referrals”
When a state committed (parole) youth relocates to a receiving state prior to acceptance of supervision, a travel permit must be submitted to the receiving state prior to their departure.
Transfer of supervision referral documents are due within 10 business days of the date of the travel permit is submitted, if not previously provided to the receiving state.
Ambiguous language was removed about the receiving state expediting the referral.
Rule 4-103, “Transfer of Supervision Procedures for Juvenile Sex Offenders”
When a juvenile sex offender relocates to a receiving state prior to acceptance of supervision, a travel permit must be submitted to the receiving state prior to their departure.
Transfer of supervision referral documents are due within 10 business days of the date of the travel permit is submitted, if not previously provided to the receiving state.
Ambiguous language was removed about the receiving state expediting the referral.
In Paragraph 3(c), “supervise” is changed to “monitor,” as Rules 4-104 and 5-101 do not allow the receiving state to supervise a juvenile until supervision is accepted.
Paragraph 4 clarifies that the receiving state will "monitor the juvenile’s compliance with local policies and laws” when conducting home evaluations or issuing reporting instructions.
Rule 4-104, “Authority to Accept/Deny Supervision”
New Paragraph (6) was added, requiring the receiving state to inform the sending state upfront if it cannot provide any of the conditions of supervision imposed by the sending state. This information will be included on the Form VIII, Home Evaluation Report.
Rule 5-103A, “Mandatory Relocation Determined by Receiving State”
“Failed Supervision” was removed from the title and throughout rule and is replaced with “mandatory relocation.”
Restriction was removed that previously stated the receiving state could only determine that relocation is mandatory if the youth was not detained in the receiving state.
Rule 6-102, “Voluntary Return of Runaways, Probation/Parole Absconders, Escapees or Accused Delinquents and Accused Status Offenders”
In Paragraph 9, a provision was removed that required the home/demanding state to be responsive to the holding state’s court orders regarding the return of juveniles. The amendment promotes conformity with Rules 7-102 and 7-106, which state that the home/demanding/sending state is responsible for making return arrangements.
Rule 8-101, “Travel Permits”
In Paragraph 1, the name of the required form was added, i.e. “Form VII, Out-of-State Travel Permit.” In Paragraph 5, vague verbiage was removed.
Advisory Opinions
The Commission issued one new advisory opinion:
- Advisory Opinion 01-2025 (April 10, 2025): ICJ Rule 7-103 Not Applicable to Youth Placed in Residential Facilities Pursuant to ICPC
The Commission updated three advisory opinions to reflect ICJ Rules effective April 1, 2026:
- Advisory Opinion 02-2015: Signatures on the Form VI
- Advisory Opinion 03-2018: Whether ICJ Rule 7-104 requires a home/demanding state to return a juvenile being held on a warrant even if the warrant has been withdrawn and whether state confidentiality laws prohibit entry of warrants issued for juveniles subject to the Compact into NCIC
Advisory Opinion 01-2020: Can receiving state require sending state to provide revised Forms VI and IV when a juvenile makes an intrastate move after transfer of supervision is approved?
The Commission archived two advisory opinions:
- Advisory Opinion 03-2011: Plea-and-abeyance cases for “non-adjudicated” juveniles
- Advisory Opinion 04-2011: “Non-adjudicated” juveniles held in secure detention for a failed supervision