Training Bulletin: Travel Permits - Mandatory vs. Discretionary

Mandatory Travel Permits

Rule 8-101 focuses on a specific population of higher risk juveniles when travel is appropriate.  As a result, travel permits are mandatory for the following juveniles traveling out-of-state for a period in excess of twenty-four (24) consecutive hours who meet the criteria set forth in 1(a) or 1(b):

      a. Juvenile who have been adjudicated or have deferred adjudications and are on supervision for one of the following:

          i. sex-related offenses;
         ii. violent offenses that have resulted in personal injury or death; or
        iii. offenses committed with a weapon.

      b. Juveniles who are one of the following:

        i. state committed;
       ii. pending a request for transfer of supervision, and who are subject to the terms of the Compact;
      iii. returning to the state from which they were transferred for the purposes of visitation;
      iv. transferring to a subsequent state(s) with the approval of the original sending state; or
      v. transferred and the victim notification laws, policies and practices of the sending and/or receiving state require notification.

If a juvenile does not meet the criteria listed above, a travel permit is not mandatory under the ICJ Rules. Additional travel permit requirements for transfer of supervision cases are provided in Rules 4-102 and 4-103

Discretionary Travel Permits: Juveniles Traveling to a Residential Facility

Rule 8-101(2)  states that, “juveniles traveling to a residential facility for placement shall be excluded from this rule; however, states may elect to use the Form VII Out-of-State Travel Permit and Agreement to Return for notification purposes.”. 

Therefore, a travel permit is discretionary for a juvenile traveling to a residential program in another state that meets the case circumstances outlined in 8-101 (1)(a) or (1)(b).


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