Processing Referrals
ICJ Rule 4-101 requires all member states to process referrals for transfer of supervision, so long as the juvenile is under some form of court or juvenile authority jurisdiction in the sending state. Therefore, to be a valid referral, the juvenile must (a) currently be subject to the jurisdiction of the sending state, and (b) be subject to some form of supervision. Given the rehabilitative purposes of the juvenile justice system, the form of supervision should be liberally construed. ICJ Rule 5-101 (Interstate Comm’n for Juveniles 2024). Consequently, juveniles on probation, parole or any other form of supervision are subject to the ICJ, assuming the length of time requirements are met.
The ICJ Rules recognize concurrent jurisdiction of both the ICJ and the Interstate Compact on Placement of Children (ICPC). Therefore, juveniles subject to the ICJ who are neglected or dependent are not precluded from placement and supervision through the ICPC. A juvenile who is not eligible for transfer under ICJ is not subject to the rules. Id. at Rule 4-101(3). Additional information about management of dual jurisdiction cases is available in the “Best Practice Guide for ICJ and ICPC Dual Jurisdiction Cases.” Additional information about management of dual jurisdiction cases is available in the Commission’s “Best Practice Guide for ICJ and ICPC Dual Jurisdiction Cases.”