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Rule 5-103: Reporting Juvenile Non-Compliance and Retaking

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Rule 5-104: Closure of Cases

1. The receiving state may determine supervision has failed when a juvenile is not detained and one of the following circumstances applies:
   
   a. A legal guardian remains in the sending state, the receiving state has documented efforts or interventions to redirect the behavior, and:
   
       i. The juvenile no longer resides in the residence approved by the receiving state due to documented instances of violation of conditions of supervision; or
   
       ii. An alternative residence is determined to be in the best interest of the juvenile due to documented instances of violation of conditions of supervision and no viable alternatives have been located in the receiving state; or
   
       iii. An immediate, serious threat to the health and safety of the juvenile and/or others in the residence or community is identified.
   
   b. The juvenile does not reside with a legal guardian and the person with whom the juvenile resides requests the juvenile be removed from his/her home.
   
   c. The juvenile is a student or resides independently in the receiving state and the transfer of supervision fails due to documented instances of violations of conditions of supervision, and the receiving state has documented efforts or interventions to redirect the behavior.


2. Upon a determination of failed supervision, the receiving state shall notify the sending state using Form IX, Failed Supervision Report, which shall contain the following information:
   
   a. Details regarding how the supervising agent determined supervision in the receiving state failed; and
   
   b. Description of efforts or interventions to redirect behavior or maintain current residence; and
   
   c. Any pending charges in the receiving state.


3. The sending state shall respond to the Form IX, Failed Supervision Report, no later than ten (10) business days following receipt by the sending state.
   
   a. The response shall provide details of an alternative living arrangement secured by the sending state or provide notice that a decision has been made to return the juvenile.
   
   b. If an alternative living arrangement is not secured, the juvenile shall be returned no later than ten (10) business days following receipt of the Form IX, Failed Supervision Report, by the sending state. This time period may be extended up to an additional five (5) business days with the approval from both ICJ Offices.

History: Adopted September 27, 2023, effective April 1, 2024