Advisory Opinion 1-2010
Receiving State's Ability to Sanction Juveniles Under ICJ Rule 5-101(1)
Receiving State's Ability to Sanction Juveniles Under ICJ Rule 5-101(1)
Applicability and enforceability of the rules of the Interstate Compact for Juveniles with sovereign tribal nations and reservation lands. Whether the Interstate Compact for Juveniles and its duly authorized rules apply to juveniles residing in sovereign tribal nations and reservation lands.
Whether the Interstate Compact for Juveniles, and its duly authorized rules, apply to juveniles who are undocumented immigrants.
Whether or not the activities, including the disclosure and tracking of protected health information, of state agencies which administer the ICJ, acting pursuant to the provisions of the ICJ and its authorized rules, are exempt from the applicability of HIPAA.
Is a "non-adjudicated" juvenile sex offender sentenced under a plea and abeyance order and assigned to report to the Attorney General's office without any special conditions or a probation officer, and who wishes to transfer to another state, subject to the jurisdiction of the ICJ?
Whether the law enforcement exemptions from the provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") would apply to transfers and returns of juveniles involving non-member states.
If a juvenile is arrested on a new offense in a state other than the juvenile's home state, could the holding state's detention center bill the juvenile's family with detention fees while the new charge is going through the court process? At what point would the hold on the new charge end, and the ICJ hold begin? Would it be the responsibility of the holding state to notify the home state of when the new charges were settled and the ICJ process had begun? Could a holding state ever bill the home state for the cost of detention fees?
Whether minors adjudicated juvenile delinquents in Hawaii and referred to residential treatment programs in Utah and California, but who do not qualify for transfer under the ICPC, may be transferred under the ICJ?
ICJ Authority in Cases where Approval of Supervision May Result in Violation of Court Orders
Provisions for cooperative detention within ICJ