ICJ, Returns, and Reporting Abuse/Neglect
The Interstate Compact for Juveniles (ICJ) is a congressionally authorized contract between all 50 states, the District of Columbia, and the U.S. Virgin Islands. The ICJ governs the return of juveniles who run away across state lines, as well as interstate movement of juveniles who are on probation and parole. The Compact and the ICJ Rules carry the weight of federal law, and are binding on state and local agencies/officials.
Juveniles who run away from home often run from abuse/neglect. It is essential that the juvenile is returned to safe living environment. Therefore, ICJ Rule 6-105 addresses the Return of Juveniles when Abuse or Neglect is Reported, as follows.
- When a holding state has reason to suspect abuse or neglect by a person in the home/demanding state, the holding state’s ICJ Office shall notify the home/demanding state’s ICJ Office of the suspected abuse or neglect. The home/demanding state’s ICJ Office shall work with the appropriate authority and/or court of competent jurisdiction in the home/demanding state to affect the return of the juvenile.
- Allegations of abuse or neglect do not alleviate a state’s responsibility to return a juvenile within the time frames in accordance with the rules.
- States shall follow its procedures for reporting and investigating allegations of abuse or neglect of juveniles.
In child welfare cases, the best interest of the juvenile is always a critical issue. The ICJ Rules are built upon the premise that home/demanding state authorities are best suited to evaluate and promote the best interest of the juvenile, given that any history of abuse, evidence, and/or witnesses are likely to be in that state.
Therefore, ICJ Rule 6-105 (1) requires that suspicions of abuse or neglect be reported to the home/demanding state; and ICJ Rule 6-105 (2) requires that the juvenile be returned to the home state, regardless of allegations of abuse. To promote the best interest of the juvenile, it is often necessary for ICJ Offices and CWAs to collaborate to ensure the juvenile is returned to a safe environment pending the outcome of any investigations and related proceedings.
In summary, the Compact requires that all allegations of abuse/neglect be reported, and requires that all runaways be returned to their home states. Addition discussion of how the “best interest standard” is applied in return cases is available in the ICJ Bench Book for Judges and Court Personnel, Chapter 4.3 Non-Delinquent Runaways.
State Child Abuse Reporting and Investigation Laws
Both state and federal laws provide definitions of what acts and omissions constitute child abuse/neglect that must be reported to child welfare agencies. States must comply with the child abuse/neglect guidelines mandated under the Child Abuse Prevention and Treatment Act (CAPTA) and other federal laws in order to receive federal funds. Beyond that, states generally have autonomy in how services are provided to victims of abuse/neglect and their families.
Each state determines criteria that must be met for the CWA to "accept" or “register" a report, i.e. determine there is enough information to trigger the CWA’s involvement. Though criteria may vary, most state’s require information related to:
- Identity, age, and location of juvenile (provide as much information as possible)
- Identity of the perpetrator (to determine whether the perpetrator is someone who is legally responsible for the juvenile. If not, the matter may be referred to a law enforcement agency)
- Allegations of abuse or neglect (to determine whether, if true, the allegations would constitute abuse or neglect under the home state’s law).
- Jurisdiction [which can be established if: 1) the alleged abuse/neglect took place in the home state; or 2) the juvenile who was allegedly abuse in another state, but is now in the home state and needs protection]
All states require CWAs to initiate investigations in a timely manner, which is generally within 72 hours. In addition, most states require investigations to be initiated immediately, in as little as 2 hours and no longer than 24 hours, when there is reasonable cause to believe that a child is in imminent danger. In 31 states and the District of Columbia, laws also specify a timeframe for completing the investigation or assessment: generally, between 30 and 60 days.
During an investigation, CWA staff must determine whether abuse/neglect has occurred and who is responsible. Many states have established a system for classifying these findings. Generally, reports are "substantiated" when the investigation reveals that abuse/neglect occurred. Other terms for "substantiated" include "founded," "indicated," and "confirmed." When the results of the investigation are unable to confirm the occurrence of abuse/neglect, a report may be classified as "unsubstantiated." Other terms for "unsubstantiated" can include "unfounded," "not indicated," or "unconfirmed."
In 27 states, the investigation must provide a "preponderance of evidence" before a report can be substantiated; that is, the evidence must show that it is more likely than not that the maltreatment occurred.[1] Eight states and the District of Columbia require credible or substantial evidence for substantiation.[2] Six states will substantiate a report when there is probable or reasonable cause to believe that abuse/neglect has occurred.[3]
[1]Alabama, Arkansas, California, Colorado, Georgia, Idaho, Kansas, Kentucky, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York (effective January 1, 2022), North Dakota, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin
[2] Florida, Illinois, Maryland, Nevada, New Mexico, Oklahoma, Pennsylvania, and Wyoming
[3] Arizona, Connecticut, Hawaii, Massachusetts, Oregon, and Vermont
Intersection of ICJ and Child Abuse Reporting Laws
Though all states have laws governing child abuse/neglect investigations, these laws generally do not address situations where the child is in another state and must be returned within 5 business days (as required by the ICJ Rules). These gaps can lead to significant concerns about the well-being of juveniles. Judges are often required to make decisions regarding the ICJ return before the CWA has completed an investigation of reported abuse/neglect. Some juveniles are returned to their home states without any action being taken by the CWA and may be subject to additional abuse/neglect following the return. Some returns are delayed while ICJ and CWA personnel work to resolve issues, and juveniles are generally held in detention facilities during such delays. Others are housed in unsecure settings and/or released without appropriate resolution.
Intersection of ICJ and Human Trafficking
Human trafficking is a crime that involves compelling or coercing a person to provide labor or services, or to engage in commercial sex acts. The coercion can be subtle or overt, physical or psychological. Exploitation of a minor for commercial sex is human trafficking, regardless of whether any form of force, fraud, or coercion was used. Runaways are among those at the highest risk of being subjected to sex and labor trafficking.
The ICJ clearly applies when a juvenile who is involved in sex trafficking is also a juvenile whom has left their home state and has run away, absconded, or escaped from supervision. In such cases, the juvenile must be returned pursuant to ICJ Rule 6-101. Concerns regarding abuse or neglect must be reported to the home/demanding state pursuant to ICJ Rule 6-105. If a parent, guardian, or other person in a position of authority may have been involved in the trafficking, the home state CWA generally takes the leading role in investigations and response. In other cases, law enforcement agencies generally take the leading role. Click here for additional resources regarding ICJ and human trafficking.
HIPAA Permits Information Sharing
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that generally prevents disclosure of protected health information (PHI). Fortunately, the HIPAA Law Enforcement Exception (45 CFR § 164.512(f)) allows for disclosure to law enforcement when a court order, court-ordered warrant, subpoena, or administration request has been issued. Since courts are inherently involved in ICJ return cases, and state ICJ personnel are responsible for enforcement of the Compact, HIPAA permits the release of PHI to ICJ personnel working to ensure the safe return of juveniles. More information about release of information pursuant to HIPAA and ICJ is provided in Advisory Opinion 01-2021.
Role of the Ombudsman
Many states have an Office of the Ombudsman or other office dedicated to oversight of child welfare services and/or addressing child welfare-related grievances. Even where there is no such office, there may be other avenues for recourse. Click here for state specific contact information.