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ICJ Rule Amendment Training Rules effective February 1, 2016

This training provides an overview of the amendments made to the ICJ rules, clarifying changes, and discussing substantive changes and processes. It includes Q&A sessions and covers various definitions and language changes.

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ICJ Rule Amendment Training Rules effective February 1, 2016

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  1. ICJ Rule Amendment Training Rules effective February 1, 2016

  2. OVERVIEW • Clarify editorial changes to rules • Discuss substantive changes to rules and processes • Q & A

  3. Rule 1-101 • Rescinded Definitions: • Detainer • Detention Order • Emancipation • Good Faith Effort • Guardian ad litem • Non-Compacting State • Peace Officer • Pick-Up Order • Private Provider • Residence • Status Offense

  4. Rule 1-101 Demanding State Language condensed for clarity.

  5. Rule 1-101 Escapee Amended for clarity and to avoid confusion with term “absconder”.

  6. Rule 1-101 Holding State Language amended for clarity.

  7. Rule 1-101 Home Evaluation/Investigation Change term to “Home Evaluation” because “investigation” is not used in the rules and language amended to clarify meaning.

  8. Rule 1-101 Home State Language amended for clarity and uniformity. Definition specifies that home state is where the legal guardian/custodial agency resides, not the juvenile.

  9. Rule 1-101 Interstate Compact for Juveniles Language added to clarify the ICJ does not transfer jurisdiction.

  10. Rule 1-101 Juvenile The Statutory language overrides the Rules; amended to mirror statutory language.

  11. Rule 1-101 Legal Custodian Changed term to “Custodial Agency” and language amended for clarity and uniformity to identify the court appointed agencies.

  12. Rule 1-101 Legal Guardian Language amended for clarity and uniformity and to identify person(s) legally responsible (any person legally responsible for a child, including the biological parent).

  13. Rule 1-101 Legal Jurisdiction Term amended to remove “Legal” as the rules use “jurisdiction” alone.

  14. Rule 1-101 Rule The Statutory language overrides the Rules; amended to mirror statutory language.

  15. Rule 1-101 Runaway Language amended to clarify age limit and person or agency responsible for child.

  16. Rule 1-101 Travel Permit Language amended to clarify travel permits can be used for all types of travel.

  17. QUESTION According to the ICJ Rules, who resides in the ‘Home State’? A. the juvenile B. the juvenile’s legal guardian(s) C. the juvenile’s custodial agency D. Both B & C

  18. Rule 2-104 Communication Requirements Between States Removed language concerning email correspondence (process) because it is no longer applicable as information is shared via JIDS.

  19. Rule 2-105 Victim Notification Addition of full name of ICJ Form and language amended for clarity and syntax.

  20. Rule 4-101 Eligibility Requirements for the Transfer of Supervision Added/amended language from Rule 5-101(9) to clarify eligibility requirements.

  21. Rule 4-102 Sending and Receiving Referrals Language amended for clarity and consistency; deleted time frames; eliminated use of ‘placement’.

  22. Rule 4-103 Transfer of Supervision Procedures for Juvenile Sex Offenders Language amended for clarity and consistency and to standardize the term ‘referral’; eliminated the term ‘placement’.

  23. Rule 4-104 Authority to Accept/Deny Supervision Language amended for clarity and consistency; eliminated the term ‘placement’; language moved to Rule 5-103 for organizational purposes; new paragraph specifying 5 business days time frame for returning a juvenile when transfer of supervision is denied.

  24. QUESTION If a transfer of supervision in the receiving state is denied, how many days does the sending state have to make transportation arrangements for the return of its juvenile? A. 5 business days B. 10 business days C. 30 business days

  25. Rule 5-101 Supervision/Services Requirements Language amended for clarity and consistency ; eliminated the term ‘placement’; language moved to Rule 4-101 for organizational purposes.

  26. Rule 5-102 Absconder Under ICJ Supervision Language amended for clarity and consistency.

  27. Rule 5-103 Reporting Juvenile Non-Compliance, Failed Placement and Retaking Language amended for clarity and consistency; eliminated the term ‘placement’; language added to clarify requirements for a failed supervision; language moved/amended from Rule 5-103.

  28. Rule 5-104 Closure of Cases Language amended for clarity and consistency; eliminated the term ‘placement’; paragraph deleted to remove timeline for maintaining closed files; new paragraph stating the sending state shall close the case when the sole purpose of supervision is to collect restitution and/our court fines.

  29. QUESTION When a legal guardian remains in the sending state, what evidence constitutes failed supervision in the receiving state?

  30. Rule 6-101 Release of Runaways to Parent or Legal Guardian Language amended for clarity and consistency; removed language from amended By-laws; language moved to Rules 6-102 and 6-103; abuse and neglect language moved to new rule 6-105 to clarify abuse and neglect procedures apply to all returns.

  31. Rule 6-102 Voluntary Return of Out of State Juveniles Language amended for clarity and consistency; language moved from Rule 6-101.

  32. Rule 6-103 Non-Voluntary Return of Non-Delinquent Runaways and/or Accused Status Offenders Language amended for clarity and consistency; language moved from Rule 6-101; addition of time frame to be consistent with Rule 6-102.

  33. Rule 6-103A Non-Voluntary Return of an Escapee, Absconder or Accused Delinquent Language amended for clarity and consistency; added language to clarify a judge does not need to verify own signature.

  34. NEW Rule 6-105 Return of Juveniles when Abuse or Neglect is Reported New rule applies to all returns when suspected abuse or neglect; adds clarity and emphasis.

  35. QUESTION Who holds the responsibility for the return of a juvenile when abuse or neglect is reported? A. Holding State B. Home/Demanding State

  36. Rule 7-101 Financial Responsibility Language amended for clarity and consistency.

  37. Rule 7-102 Public Safety Language amended for consistency.

  38. Rule 7-104 Warrants Language amended to clarify entering warrants into the NCIC and defining geographic limits.

  39. Rule 7-105 Custodial Detention Language amended for clarity and consistency and to remove redundancy.

  40. Rule 7-106 Transportation Language amended for clarity and consistency; new paragraph not allowing for home/demanding state to use commercial ground transportation unless absolutely necessary.

  41. Rule 7-107 Airport Supervision Language amended for clarity and consistency.

  42. QUESTION When should the home/demanding/sending state use commercial ground transportation to transport a juvenile?

  43. Rule 8-101 Travel Permits Language amended for clarity and consistency and to clarify the issuing of travel permits by sending, receiving, and subsequent states; added title and number of form; eliminated the term ‘placement’.

  44. Rule 9-103 Enforcement Actions Against a Defaulting State Amended language to be consistent with Statute language.

  45. QUESTIONS?

  46. Contact Information National Office Interstate Commission for Juveniles 836 Euclid Avenue Suite 322 Lexington, KY 40502 (859) 721-1063 www.juvenilecompact.org

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