Transcript Interstate Compact for Juveniles Training for Juvenile

Interstate Compact for Juveniles
Overview of
Compact Authority; Returns; 2015 Audit
Presented by:
The Pennsylvania Interstate Compact Office
7/17/2015
1
Where does the Compact get it’s authority:
• Crime Control Act, 4 U.S.C. Section 112 (1965)
– Authorizes and encourages states to form cooperative
efforts and mutual assistance in the prevention of crime.
– A state law, court rule, or regulation that contradicts the
rules of the Commission is invalid to the extent of the
conflict.
– All courts and executive agencies are subject to the
Interstate Compact for Juveniles.
• Currently all fifty (50) states, Washington DC, and
the US Virgin Islands have enacted the compact.
– PA statute enacting the compact: 11 P.S.§890.2
7/17/2015
2
Interstate Compact for Juveniles
Who is served by the compact?
A juvenile who:
– Is on probation or parole and plans to move out of state
– Runs away to another state and is/has:
•
•
•
•
Non-delinquent
An accused delinquent
Escaped from an institution
Absconded from probation/parole
Interstate Compact for Juveniles
Communication Flow through the ICJ process
•
•
•
Communication between local offices is only allowed after ICJ office consent.
Even with consent, requests/responses are not official unless from the PA ICJ office.
When working with a local in another state be aware - common terms of art can have
very different meanings or interpretations in other states.
Interstate Compact for Juveniles
Authority to Accept/Deny Supervision
• Only ICJ Administrator or designee can authorize or
deny supervision.
• Acceptable Reasons to Deny Supervision:
– Form VIII: Home Evaluation indicates an unsuitable placement
– Juvenile is not in substantial compliance with conditions of
supervision required by either state
– Cannot deny supervision based on the juvenile’s offense or age
• The receiving state SHALL ACCEPT supervision when:
– The juvenile has no custodial parent or legal guardian remaining
in the sending state, and
– The juvenile does have a custodial parent or legal guardian
residing in the receiving state
Interstate Compact for Juveniles
Victim Notification Responsibilities
• Sending State:
– Attach Victim Notification Supplement Form
– Include SPECIFIC instructions regarding information to be
collected.
– Specify timeframes for reporting requested information.
– Provide updates to the receiving state regarding notification
requirements
• Receiving State:
– Provide requested information to the sending state in a timely
manner.
Interstate Compact for Juveniles
When is it required to return a juvenile through the
ICJ?
• A non-delinquent juvenile runs away to another state.
• A juvenile is an escapee, absconder, or accused
delinquent and flees to another state.
• A juvenile under compact supervision has a failed
placement.
Interstate Compact for Juveniles
Retaking Juveniles through the ICJ
• The sending state has authority at all times to enter a
receiving state and retake a juvenile.
– Unless there are pending charges in the receiving state. The
sending state shall not return the juvenile without consent of the
receiving state until the juvenile is discharged from:
• Prosecution, Imprisonment, Detention, or Supervision
• If Form IA/VI is signed, the sending state may retake
without further court procedures.
• After notifying the sending state’s ICJ Office, an
accredited officer of the sending state may enter the
receiving state and retake the juvenile.
– A warrant may be issued if such action is not practical.
Interstate Compact for Juveniles
Non-Delinquent Runaways
• Within twenty-four (24) hours of detainment, authorities
may release a runaway to their parent/legal guardian
(excluding weekends & holidays).
– Except where instances of abuse/neglect is suspected
– Child welfare agencies are NOT considered guardians
• After twenty-four (24) hours, holding authorities contact
the holding state’s ICJ Office.
– Runaways are held in secure facilities if:
• They are held longer than twenty-four (24) hours, or
• They are endangering themselves or others.
• OJJDP Exclusion:
– Juveniles held pursuant to the ICJ are excluded from the
deinstitutionalization of status offenders requirements.
Interstate Compact for Juveniles
National Office State Audit - 2015
Beginning in 2015 the Interstate Commission for Juveniles (the
national body governing the Interstate Compact for Juveniles or
ICJ) will be beginning an annual compliance review process that
will include all fifty (50) states, the District of Columbia and the
Virgin Islands.
•
7/17/2015
Each quarter thirteen (13) member states will be selected at random
for the review, and the review will cover the twelve (12) month period
immediately preceding selection. For example, if Pennsylvania is
selected in the April 2015 review cycle then twelve month period
reviewed would be from April 1, 2014 through March 31, 2015.
Following the review each state will be given thirty (30) days to
respond to the findings, and this response will be included in findings
report.
10
Interstate Compact for Juveniles
The 2015 compliance review will focus on the
following six (6) Rules under the ICJ:
1.
2.
3.
7/17/2015
Rule 5-101: Supervision/Services Requirements: Receiving States
shall furnish written progress reports to the sending state on no less
than a quarterly basis.
Rule 4-103: Transfer of Supervision Procedures for Juvenile Sex
Offenders: States shall not allow juvenile sex offenders to leave the
sending state until the sending state’s request for transfer of
supervision has been approved, or reporting instructions have been
issued, by the receiving state. Rule 4-103(2) does not apply.
Rule 4-104: Authority to Accept/Deny Supervision: The Receiving
State’s ICJ Administrator or authorized agent shall sign the Home
Evaluation approving or denying supervision.
11
Interstate Compact for Juveniles
4. Rule 5-102: Absconder under ICJ Supervision: Receiving States
shall submit a Violation Report for juvenile absconders that include
the juvenile’s last known address and phone number, date of the
juvenile’s last personal contact with the supervising agent, details
regarding how the supervising agent determined the juvenile to be an
absconder, and any pending charges in the receiving state.
5. Rule 5-103: Reporting Juvenile Non-Compliance, Failed Placement
and Retaking: As it applies to Rule 5-103, when a juvenile is out of
compliance with conditions of supervision, Receiving States shall
submit a Violation Report that contains the date and description of
the new citation or technical violation, the status and disposition (if
any), supporting documentation regarding the violation, efforts or
interventions made to redirect the behavior, sanctions if they apply
and receiving state recommendations.
6. Rule 6-102: Voluntary Return of Out-of-State Juveniles:
Home/demanding States, shall return juveniles within five (5)
business days of receiving a completed Form III or adult waiver.
7/17/2015
12
Interstate Compact for Juveniles
• The will be no enforcement actions taken for the 2015 initial
compliance review, but a state may be required to develop an
action plan if needed. The recommendations from the 2015
review will be used to develop a performance measurement
plan that will be fully implement for the 2016 compliance
review cycle.
• The Pennsylvania Interstate Office will be starting an internal
review process to help prepare for the national compliance
review. As we become aware of potential concerns within your
counties we will send notification to the officer that has
submitted or failed to submit the appropriate information, as
well as recommendations for how to correct any potential
issues.
7/17/2015
13
Interstate Compact for Juveniles
Useful Information, Web Links &
Pennsylvania Interstate Compact Office
Contact Information
Interstate Compact for Juveniles
Useful Websites
– ICJ: www.juvenilecompact.org
– AAICPC: www.aphsa.org/content/AAICPC/en/home.html
• State Pages: icpcstatepages.org/
– AAICAMA: www.aaicama.org
– International Social Services: www.iss-usa.org
– PA Consolidated Statutes
www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm
Interstate Compact for Juveniles
Contact Information
•
Main Line – 717.772.5505
• Kathy Wadlinger (Clerical)
717.425.7013; [email protected]
• Jason McCrea (Director)
717.772.5506; [email protected]
•
Mailing Address
Division of Operations
Interstate Compact Office
DGS Annex
5 Magnolia Drive
Hillcrest, 2nd Floor
Harrisburg, PA 17110-2544
Cases are assigned by child’s last
name/first initial.
Specialist Phone/Email Contacts
• ICPC Compact Specialists
• Lisa Schumber (A thru F)
717.772.5507; [email protected]
• Sharyn Lukens (G thru O)
717.214.3460; [email protected]
• Wendy Lautsbaugh (P thru Z)
717.772.5501; [email protected]
• Scarlett Moyer (RTF & ICAMA)
717.346.9294; [email protected]
• ICJ Compact Specialist
• Amanda Behe (A thru M)
717.772.5504; [email protected]
• Natalie Primak (N thru Z)
717.772.5502; [email protected]
Interstate Compact for Juveniles
Questions or Comments
Thank you for your participation!