Rule 6-101: Release of Runaways to Parent or Legal Guardian
The home/demanding state’s ICJ Office shall return all of its juveniles according to one of the following methods.
1. All remedies and procedures provided by this Compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities. To this end, the following rules shall apply:
a. Juvenile authorities may release a runaway to their parent/legal guardian within the first 24-hours (excluding weekends and holidays) of detainment without applying Rule 6-102, except in cases where abuse or neglect is suspected by holding authorities.
b. If the juvenile remains in custody beyond 24 hours, the holding state’s ICJ Office shall be contacted.
2. Runaways who are endangering themselves or others held beyond 24 hours shall be held in secure facilities until returned by the home/demanding state.
3. When a holding state has reason to suspect abuse or neglect by a parent/legal guardian or others in the home of a runaway juvenile, the holding state’s ICJ Office shall notify the home/demanding state’s ICJ Office of the suspected abuse or neglect.
4. The home/demanding state’s ICJ Office shall work with the appropriate authority and/or court of jurisdiction in the home/demanding state to effect the safe return of the juvenile.
5. Voluntary Return of runaways who allege abuse or neglect:
The Form III must indicate who will be assuming responsibility for the juvenile if the juvenile will not be returning to a parent or legal guardian.
6. Non-Voluntary Return of runaways who allege abuse or neglect:
If the appropriate authorities in the home/demanding state determine that the juvenile will not be returning to a parent or legal guardian, the requisition process shall be initiated by the home/demanding state’s appropriate authority and/or court of jurisdiction in accordance with Rule 6-103.
History: Adopted December 3, 2009, effective March 1, 2010; amended January 5, 2011, effective February 4, 2011; amended October 26, 2011, effective March 1, 2012;amended April 18, 2012, effective May 31, 2012