STATE SPOTLIGHT: Missouri
The Missouri ICJ Office works closely with CWA staff and court personnel throughout investigations. ICJ staff generally follow up with the CWA agency investigator and often act as a member of their team. When necessary, ICJ staff educate others about MRS § 210.590, which states:
"Courts and agencies to cooperate to promote purposes of compact. —All courts, departments of the state and its political subdivisions, police and law enforcement agencies and other proper officers of the state and its political subdivisions shall cooperate with the compact administration and shall do all things appropriate to effect the purposes and intent of the compact which rightfully fall within their respective jurisdictions."
ICJ staff also alert court personnel in advance when it appears they may need to file a “Child Dependency Petition” to establish the CWA’s custody. No specific procedure has been created for ICJ cases. Instead, the same procedures are used as in other abuse/neglect cases when it is necessary for the state to establish custody. Through careful relationship building, the ICJ Commissioner has recruited an experienced attorney to help educate other attorneys about the process. The Commissioner expressed that success is based on trust that comes from relationship building and repeatedly educating other state officials about ICJ.
STATE SPOTLIGHT: North Carolina
In North Carolina, juvenile court counselors are responsible for initiating proceedings by filing complaints that are presented to judges. When North Carolina needs to initiate a return, the juvenile court counselor files a “Juvenile Petition (Undisciplined),” which is used to initiate a wide variety of cases. Court counselors have been trained to insert the following information in order to initiate an ICJ return:
"That the juvenile is a (runaway / absconder) from the state of __________ and that on or about the ___ day of ______, 2023 the juvenile was apprehended in the state of North Carolina. That the State of _____ and the State of North Carolina are members of Interstate Compact for Juveniles and the court therefore has jurisdiction over the juvenile as set in N.C. Gen. Stat. 7B-4000, 7B- 4001, and 7B- 4002. (References to the ICJ, as adopted in North Carolina.)"
STATE SPOTLIGHT: Virginia
Virginia uses a similar system, in which intake officers (similar to juvenile probation/parole officers) file petitions to initiate proceedings. Additionally, Virginia has created specific administrative codes within their Virginia Crime Codes to be used for ICJ cases.
When Virginia is the holding state, the intake officer enters the VCC ICJ-8100-J9 and the text below is automatically generated.
RETURN OF RUNAWAY – ARTICLE I(iii)
<HE/SHE> VOLUNTARILY LEFT <HIS/HER> RESIDENCE WITHOUT PERSMISSION OF <HIS/HER> (PARENTS, GUARDIANS, LAWFUL CUSTODIAN OR AGENCY ENTITLED TO <HIS/HER> CUSTODY) FROM <STATE OF THE UNITED STATES, DISTRICT OF COLUMBIA, COMMONWEALTH OF PUERTO RICO, U.S. VIRGIN ISLANDS, GUAM, AMERICAN SAMOA, OR THE NORTHERN MARIANAS ISLANDS>, PURSUANT TO THE INTERSTATE COMPACT AUTHORIZED BY § 16.1-323, ET SEQ. OF THE 1950 CODE OF VIRGINIA AS AMENDED
Ultimately, this petition leads to issuance of a detainer (authorizing the detention of the juvenile) and a “Form III” Hearing, at which the juvenile will have the opportunity to voluntarily agree to return to the home state.
When Virginia is the Home/Demanding State, a similar process is initiated when a Child in need of Services (CHINS) petition is filed by the legal guardian or a juvenile intake officer (if the guardian refuses to do so). The code “VCC STA-3842-J9” is used (“STA” indicates status offense).