Rule 5-103A: Mandatory Relocation Determined by Receiving State

  1. The receiving state may determine relocation is mandatory when one of the following circumstances applies:

    a. A legal guardian remains in the sending state, the receiving state has documented efforts or interventions to redirect the behavior, and:

        i. The juvenile no longer resides in the residence approved by the receiving state due to documented instances of violation of conditions of supervision; or

        ii. 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 have been located in the receiving state; or

        iii. An immediate, serious threat to the health and safety of the juvenile and/or others in the residence or community is identified.

    b. The juvenile does not reside with a legal guardian and the person with whom the juvenile resides requests the juvenile be removed from his/her home.

    c. The juvenile is a student or resides independently in the receiving state and relocation is mandatory due to documented instances of violations of conditions of supervision, and the receiving state has documented efforts or interventions to redirect the behavior.
     
  2. The receiving state shall notify the sending state using Form IX, Mandatory Relocation Report, which shall contain the following information:

    a. Details regarding why the supervising agent determined relocation is mandatory; and

    b. Description of efforts or interventions to redirect behavior or maintain current residence; and

    c. Any pending charges in the receiving state.
     
  3. The sending state shall respond to the Form IX, Mandatory Relocation Report, no later than ten (10) business days following receipt by the sending state.

    a. The response shall provide details of an alternative living arrangement secured by the sending state or provide notice that a decision has been made to return the juvenile.

    b. If an alternative living arrangement is not secured, the juvenile shall be returned no later than ten (10) business days following receipt of the Form IX, Mandatory Relocation Report, by the sending state. This time period may be extended up to an additional five (5) business days with the approval from both ICJ Offices.

History: Adopted September 27, 2023, effective April 1, 2024; amended August 27, 2025, effective April 1, 2026