“Runaway” is defined as persons within the juvenile jurisdictional age limit established by the home state who (1) have voluntarily left their residence without permission of their legal guardian or custodial agency or (2) refuse to return to their residence as directed by their legal guardian or custodial agency, but who may or may not have been adjudicated. The ICJ applies to runaways exclusively in the context of returning them to the state where the legal guardian resides.
In the context of runaways, the distinction between sending state and receiving state is replaced by the more appropriate designation of “home/demanding state” and “holding state,” the former being where the runaway’s legal guardians or custodial agency is located and the latter being the state where the juvenile is located.
Juvenile authorities may release a non-delinquent runaway to their legal guardian/custodial agency within the first twenty-four (24) hours (excluding weekends and holidays) of detainment, except in cases where the holding authority suspects abuse or neglect in the residence of the legal guardian or custodial agency. If a runaway remains in custody more than 24 hours, the holding state’s ICJ Office shall be contacted and youth must be returned pursuant to the Compact.
Each runaway is offered the opportunity to voluntarily agree to return and waive their rights to additional due process protections. The Form III, Consent for Voluntary Return of Out of State Juvenile, must be used to document their agreement. If the youth does not voluntarily agree, the requisition process must be used.
When abuse or neglect is suspected, the holding state’s ICJ office must notify the home state/s ICJ office. The home state’s ICJ office and other authorities must work together to ensure the youth is returned to a safe environment. Each state must follow its own procedures for reporting and investigating allegations of abuse or neglect.
References:
ICJ Bench Book: Chapter 4 Section 4.3
ICJ Rule 1-101, Section 600 Rules, and Section 700 Rules