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Rule 4-101: Processing Referrals

1. Each state that is a party to the ICJ shall process all referrals involving juveniles, for whom services have been requested, provided those juveniles are under juvenile jurisdiction in the sending state.

2. No state shall permit the transfer of supervision of a juvenile eligible for transfer except as provided by the Compact and these rules. A sending state shall request transfer of a juvenile, who is eligible for transfer of supervision to a receiving state under the compact. A juvenile shall be eligible for transfer under ICJ if the following conditions are met:

a. is classified as a juvenile in the sending state; and

b. is an adjudicated delinquent, adjudicated status offender, or has a deferred adjudication in the sending state; and

c. is under the jurisdiction of a court or appropriate authority in the sending state; and

d. has a plan inclusive of relocating to another state for a period exceeding ninety (90) consecutive days in any twelve (12) month period; and

e. has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request; and

f. 1. Will reside with a parent, legal guardian, relative, non-relative or independently, excluding residential facilities; or
   2. Is a full time student at a secondary school, or accredited university, college, or licensed specialized training program and can provide proof of acceptance and enrollment.

3. All cases being transferred to another state are pursuant to the ICJ except cases involving concurrent jurisdiction under the Interstate Compact on Placement of Children, known as ICPC. A juvenile who is not eligible for transfer under this Compact is not subject to these rules.

History: Adopted December 2, 2009, effective March 1, 2010; amended September 15, 2010, effective January 1, 2011; amended October 26, 2011, effective March 1, 2012