- At any time during supervision if a juvenile is out of compliance with conditions of supervision, the receiving state shall notify the sending state using Form IX Quarterly Progress, Violation or Absconder Report, which shall contain:
a. The date of the new citation or technical violation that forms the basis of the violation;
b. Description of the new citation or technical violation;
c. Status and disposition, if any;
d. Supporting documentation regarding the violation including but not limited to police reports, drug testing results, or any other document to support the violation.
e. Efforts or interventions made to redirect the behavior;
f. Sanctions if they apply;
g. Receiving state recommendations.
- The sending state shall respond to a violation report in which a revocation or discharge is recommended by the receiving state no later than ten (10) business days following receipt by the sending state. The response shall include the action to be taken by the sending state, which may include continue supervision, and the date that action will occur.
- The decision of the sending state to retake a juvenile shall be conclusive and not reviewable within the receiving state. If the sending state determines the violation requires retaking or retaking is mandatory, the following shall be considered:
a. In those cases where the juvenile is suspected of having committed a criminal offense or an act of juvenile delinquency in the receiving state, the juvenile shall not be retaken without the consent of the receiving state until discharged from prosecution, or other form of proceeding, imprisonment, detention, or supervision.
b. The Form IA/VI Application for Services and Waiver has the appropriate signatures; no further court procedures will be required for the juvenile’s return.
c. A duly accredited officer of a sending state may enter a receiving state and apprehend and retake any such juvenile on probation or parole consistent with probable cause requirements, if any. If this is not practical, a warrant may be issued and the supervising state shall honor that warrant in full.
d. The sending state shall return the juvenile in a safe manner, pursuant to the ICJ Rules within five (5) business days. This time period may be extended up to an additional five (5) business days with the approval from both ICJ Offices.
- Upon request from the receiving state, the sending state’s ICJ Office shall return the juvenile within five (5) business days in accordance with these rules when:
a. A legal guardian remains in the sending state and the supervision in the receiving state fails as evidenced by:
i. When a juvenile is no longer residing in the residence approved by the receiving state due to documented instances of violation of conditions of supervision; or
ii. When an alternative residence is determined to be in the best interest of the juvenile due to documented instances of violation of conditions of supervision and no viable alternatives exist in the receiving state; or
iii. When an immediate, serious threat to the health and safety of the juvenile and/or others in the residence or community is identified; and
iv. The receiving state has documented efforts or interventions to redirect the behavior.
b. The juvenile is not residing with a legal guardian and that person requests the juvenile be removed from his/her home. The sending state shall secure alternative living arrangements within five (5) business days or the juvenile shall be returned. This time period may be extended up to an additional five (5) business days with the approval from both ICJ Offices.
c. A juvenile student transfer of supervision fails.
History: Adopted October 9, 2013, effective April 1, 2014; amended August 26, 2015, effective February 1, 2016; clerically amended October 17, 2016; amended September 27, 2017, effective March 1, 2018
Comment: Sections of Rule 5-103 were adopted as Rule 6-104 “Return of Juveniles Whose ICJ Placement Has Failed” December 3, 2009, effective March 1, 2010; amended September 15, 2010, effective January 1, 2011; amended October 26, 2011, effective March 1, 2012; Rule 6-104 rescinded and replaced by Rule 5-103 October 9, 2013, effective April 1, 2014