Impact of Suspected Abuse, Neglect, or Human Trafficking
Far too often, youth who run away or are involved in the juvenile justice system have experienced abuse or neglect at home. Therefore, all allegations and suspicions of abuse or neglect must be handled carefully in order to ensure the safety and well-being of the youth. The ICJ and its rules require the holding state to notify the home/demanding state of any concerns about abuse and neglect. See ICJ Rule 6-105 (Interstate Comm’n for Juveniles 2024).
Juvenile authorities may release a non-delinquent runaway to his/her legal guardian or custodial agency within the first twenty-four (24) hours (excluding weekends and holidays) of detainment without applying the Compact, except in cases where the holding authority suspects abuse or neglect. Id. at ICJ Rule 6-101. However, if abuse or neglect is suspected, the holding state’s ICJ must be contacted and the ICJ must be applied. Unfortunately, human traffickers sometimes pose as parents or guardians. Care should be taken to verify the identification of the parent or guardian as well the right to custody of the person into whose care the juvenile is being released, particularly in light of increased awareness of human trafficking.
The ICJ clearly applies when a juvenile whom is subjected to human trafficking is also identified as an out-of-state runaway, absconder, or escapee. In such cases, the juvenile must be returned pursuant to the ICJ. States are required to follow applicable procedures for reporting and investigating allegations of abuse or neglect of juveniles. Id. at Rule 6-105(3).
Because the determination of the best interest of the juvenile is always a critical issue, the ICJ Rules are built upon the premise that authorities in the home state are in the best position to evaluate and promote the best interest of the juvenile. ICJ Rule 6-105(2) requires that, regardless of such concerns, the juvenile must be returned to the home state. These provisions are intended to ensure that determinations about best interest are made by authorities in the state with most access to information regarding relevant information. For further discussion regarding application of the “best interest” standard, see infra Section 4.3.
Some youths do not agree to voluntarily return to their home state, especially in cases involving abuse or neglect. In such cases, the appropriate authorities in the home/demanding state may determine that the juvenile will not be returned to legal guardian and make other arrangements for the juvenile. Unless the youth subsequently agrees to return voluntarily, such juveniles must be returned in accordance with ICJ Rule 6-103.The requisition process shall be initiated by the custodial agency, or home/demanding state’s appropriate authority.
PRACTICE NOTE:
Though human trafficking impacts all sorts of people, youth who runaway or face homelessness are targeted more frequently than others. Therefore, youth who have been trafficked may also be subject to the ICJ. More information about ICJ and human trafficking is available at https://www.juvenilecompact.org/resources/human-trafficking-resources.