Parents/Legal Guardians FAQs
Yes, a juvenile is eligible for transfer if he/she:
- is classified as a juvenile in the sending state;
- is an adjudicated delinquent, adjudicated status offender, or has a deferred adjudication in the sending state; and
- is under the jurisdiction of a court or appropriate authority in the sending state; and
- has a plan inclusive of relocating to another state for a period exceeding ninety (90) consecutive days in any twelve (12) month period;
- and has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request; and
- will reside with a parent, legal guardian, relative, non-relative or independently, excluding residential facilities; or is a full time student at an accredited secondary school, or accredited university, college, or licensed specialized training program and can provide proof of acceptance and enrollment.
The juvenile and/or his/her family are responsible for restitution and court fines, payable directly the court or agency in the sending state.
The approval process may take up to 45 calendar days.
Juveniles who are on probation or parole and need to relocate to another state (receiving state) must request a transfer through their juvenile probation or parole officer. If the receiving state agrees to the transfer of supervision request, the juvenile may relocate. If there is no legal guardian in the sending state, but there is a legal guardian in the receiving state, the receiving state is required to accept the case and may choose to expedite the transfer of supervision process according to Rule 4-104(4)
Reporting requirements vary by state. When a juvenile relocates to another state and transfers supervision, that state will communicate reporting and/or registration requirements to the probation or parole officer, who will in turn communicate requirements to the juvenile and his/her parent or legal guardian.
The sending state determines if a travel permit shall be issued for immediate travel. The receiving state is required to accept a transfer case if there is no custodial parent or legal guardian in the sending state but there is in the receiving state. In addition, the receiving state may choose to expedite, or speed up, the process according to Rule 4-102(3).
A travel permit is written permission granted to a juvenile authorizing the juvenile to temporarily travel from one state to another. Travel permits are mandatory for juveniles traveling out-of-state for a period in excess of twenty-four (24) consecutive hours and who have committed or which the adjudicated offenses or case circumstances include any of the following:
- Sex-related offenses;
- Violent offenses that have resulted in personal injury or death;
- Offenses committed with a weapon;
- Juveniles who are state committed;
- Juveniles testing placement and who are subject to the terms of the Compact;
- Juveniles returning to the state from which they were transferred for the purposes of visitation;
- Juveniles transferring to a subsequent state(s) with the approval of the initial sending state;
- Transferred juveniles in which the victim notification laws, policies and practices of the sending and/or receiving state require such notification.
A travel permit may be granted for a period up to 90 calendar days.
You must ask the juvenile probation or parole officer for a travel permit and the officer will submit the request to the ICJ Office prior to the juvenile visiting another state.
If the out-of-state visit is less than 24 hours, a travel permit is not required.
The Crime Control Act, 4 U.S.C. Section 112 (1965) authorizes states to form cooperative efforts and mutual assistance in the prevention of crime. All member states, courts, and executive agencies are subject to the Interstate Compact for Juveniles. The rules passed by the Interstate Commission for Juveniles regarding the Compact have the full force of law.