ICJ RESPONSE DURING CORONAVIRUS EMERGENCY
On Friday, March 13, 2020, President Trump declared a national state of emergency. As states respond to the spread of the novel coronavirus (COVID-19), the Commission is also working to ensure appropriate responses to juveniles. While COVID-19 may present novel challenges, the Interstate Commission for Juveniles will continue to focus on balancing the safety and well-being of the youth we serve, as well as those of their families, victims, and communities. Members of the Commission have a history of demonstrating excellent collaboration and communications skills. We are grateful for your leadership and your continued commitment to serving.
Updated Emergency Guidelines Policy
The Emergency Guidelines Policy was recently amended to provide more specific guidance for when a state of emergency affects states throughout the nation, including:
- Each state will follow their state’s guidelines and procedures for managing, locating, and supervising juveniles in the event of an emergency. States must continue to supervise juveniles without distinction from supervision of intra-state juveniles.
- In the event the emergency affects a majority of states, timeframes may be extended beyond the ICJ Rule-related timeframes with the approval from both ICJ offices.
- If essential transportation services are unavailable or severely limited due to government-imposed travel restrictions, airport closures, and/or staff availability, alternative methods for transportation and supervision shall be considered. States shall work cooperatively to address each case on an individual basis.
- The safety, health, and well-being of all juveniles, families, victims, staff, and communities shall be considered when making decisions and determining next steps related to travel, transfers, and returns. States shall collaborate and cooperate for the best of interest of juveniles, families, victims, and communities.
New Rule: 2-108 Emergency Suspension of Enforcement
New Rule 2-108 Emergency Suspension of Enforcement was recently adopted to bolsters the Commission’s ability to respond to the current crisis and others that may arise in the future. New Rule 2-108:
- Requires states to continue performing all duties required by the Compact to the greatest extent possible
- Provides a procedure for the Commission to suspension of enforcement of ICJ Rules or parts thereof.
Pursuant to Rule 2-108, the Commission has suspended enforcement of ICJ rules outlined in Sections 400, 500, 600, 700, and 800, including but not limited to provisions regarding timelines. This suspension took effect immediately and will remain active until 30 days after the end of the emergency, unless preemptive action is taken by the Executive Committee.
For more information, read the Memorandum from Chairperson Jacey Rader here.
White Paper "Distinction Between Suspension of ICJ Rules & Suspension of Enforcement" Issued October 2020
- Amtrak's State-Specific Travel Restrictions
- Centers for Disease Control - Traveler's Health
- Federal Aviation Administration's Flight Delay Information Map - indicates closed airports
Advisory Opinions Related to the Health Insurance Portability and Accountability Act (HIPAA)
- 01-2011: HIPAA exemptions for the ICJ
- 01-2012: Whether the law enforcement exemptions from the provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") would apply to transfers and returns of juveniles involving non-member states.
- 01-2021: HIPAA permits sharing information as required by the ICJ, including through the UNITY System.