It shall therefore be the policy of this state, in adopting the interstate compact on juveniles, to cooperate fully with other states: (1) In returning juveniles to such other states whenever their return is sought; and (2) in accepting the return of juveniles whenever a juvenile residing in this state is found or apprehended in another state and in taking all measures to initiate proceedings for the return of such juveniles.
INTERSTATE COMPACT ON JUVENILES
The contracting states solemnly agree:
Article I -- Findings and Purposes
That juveniles who are not under proper supervision and
control, or who have absconded, escaped or run away, are likely to
endanger their own health, morals and welfare, and the health,
morals and welfare of others. The cooperation of the states party
to this compact is therefore necessary to provide for the welfare
and protection of juveniles and of the public with respect to (1)
cooperative supervision of delinquent juveniles on probation or
parole; (2) the return, from one state to another, of delinquent
juveniles who have escaped or absconded; (3) the return, from one
state to another, of nondelinquent juveniles who have run away from
home; and (4) additional measures for the protection of juveniles
and of the public, which any two or more of the party states may
find desirable to undertake cooperatively. In carrying out the
provisions of this compact the party states shall be guided by the
noncriminal, reformative and protective policies which guide their
laws concerning delinquent, neglected or dependent juveniles
generally. It shall be the policy of the states party to this
compact to cooperate and observe their respective responsibilities
for the prompt return and acceptance of juveniles and delinquent
juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally
construed to accomplish the foregoing purposes.
Article II -- Existing Rights and Remedies
That all remedies and procedures provided by this compact
shall be in addition to and not in substitution for other rights,
remedies and procedures, and shall not be in derogation of parental
rights and responsibilities.
Article III -- Definitions
That for the purposes of this compact:
"Delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court.
"Probation or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto.
"Court" means any court having jurisdiction over delinquent, neglected or dependent children.
"State" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
"Residence" or any variant thereof means a place at which a home or regular place of abode is maintained.
Article IV -- Return of Runaways
(a) That the parent, guardian, person or agency entitled to
legal custody of a juvenile who has not been adjudged delinquent
but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the
demanding state for the issuance of a requisition for his return.
The petition shall state the name and age of the juvenile, the name
of the petitioner and the basis of entitlement to the juvenile's
custody, the circumstances of his running away, his location if
known at the time application is made, and such other facts as may
tend to show that the juvenile who has run away is endangering his
own welfare or the welfare of others and is not an emancipated
minor. The petition shall be verified by affidavit, shall be
executed in duplicate, and shall be accompanied by two certified
copies of the document or documents on which the petitioner's
entitlement to the juvenile's custody is based, such as birth
certificates, letters of guardianship, or custody decrees. Such
further affidavits and other documents as may be deemed proper may
be submitted with such petition. The judge of the court to whichthis application is made may hold a hearing thereon to determine
whether for the purposes of this compact the petitioner is entitled
to the legal custody of the juvenile, whether or not it appears
that the juvenile has in fact run away without consent, whether or
not he is an emancipated minor, and whether or not it is in the
best interest of the juvenile to compel his return to the state.
If the judge determines, either with or without a hearing, that the
juvenile should be returned, he shall present to the appropriate
court or to the executive authority of the state where the juvenile
is alleged to be located a written requisition for the return of
such juvenile. Such requisition shall set forth the name and age
of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or
agency entitled to his legal custody, and that it is in the best
interest and for the protection of such juvenile that he be
returned. In the event that a proceeding for the adjudication of
the juvenile as a delinquent, neglected or dependent juvenile is
pending in the court at the time when such juvenile runs away, the
court may issue a requisition for the return of such juvenile upon
its own motion, regardless of the consent of the parent, guardian,
person or agency entitled to legal custody, reciting therein the
nature and circumstances of the pending proceeding. The
requisition shall in every case be executed in duplicate and shall
be signed by the judge. One copy of the requisition shall be filed
with the compact administrator of the demanding state, there to
remain on file subject to the provisions of law governing records
of such court. Upon the receipt of a requisition demanding the
return of a juvenile who has run away, the court or the executive
authority to whom the requisition is addressed shall issue an order
to any peace officer or other appropriate person directing him to
take into custody and detain such juvenile. Such detention order
must substantially recite the facts necessary to the validity of
its issuance hereunder. No juvenile detained upon such order
shall be delivered over to the officer whom the court demanding him
shall have appointed to receive him, unless he shall first be taken
forthwith before a judge of a court in the state, who shall inform
him of the demand made for his return, and who may appoint counsel
or guardian ad litem for him. If the judge of such court shall
find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall
have appointed to receive him. The judge, however, may fix a
reasonable time to be allowed for the purpose of testing the
legality of the proceeding.
Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a juvenile is returned under this article shall be responsible for payment of the transportation costs of such return.
(c) That "juvenile" as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.
Article V -- Return of Escapees and Absconders
(a) That the appropriate person or authority from whose
probation or parole supervision a delinquent juvenile has absconded
or from whose institutional custody he has escaped shall present to
the appropriate court or to the executive authority of the state
where the delinquent juvenile is alleged to be located a written
requisition for the return of such delinquent juvenile. Such
requisition shall state the name and age of the delinquent
juvenile, the particulars of his adjudication as a delinquent
juvenile, the circumstances of the breach of the terms of his
probation or parole or of his escape from an institution or agency
vested with his legal custody or supervision, and the location of
such delinquent juvenile, if known, at the time the requisition is
made. The requisition shall be verified by affidavit, shall be
executed in duplicate, and shall be accompanied by two certified
copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or
to the legal custody of the institution or agency concerned. Such
further affidavits and other documents as may be deemed proper may
be submitted with such requisition. One copy of the requisition
shall be filed with the compact administrator of the demanding
state, there to remain on file subject to the provisions of law
governing records of the appropriate court. Upon the receipt of a
requisition demanding the return of a delinquent juvenile who has
absconded or escaped, the court or the executive authority to whom
the requisition is addressed shall issue an order to any peace
officer or other appropriate person directing him to take into
custody and detain such delinquent juvenile. Such detention order
must substantially recite the facts necessary to the validity of
its issuance hereunder. No delinquent juvenile detained upon such
order shall be delivered over to the officer whom the appropriate
person or authority demanding him shall have appointed to receive
him, unless he shall first be taken forthwith before a judge of an
appropriate court in the state, who shall inform him of the demand
made for his return and who may appoint counsel or guardian ad
litem for him. If the judge of such court shall find that the
requisition is in order, he shall deliver such delinquent juvenile
over to the officer whom the appropriate person or authority
demanding him shall have appointed to receive him. The judge,
however, may fix a reasonable time to be allowed for the purpose of
testing the legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or otherform of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a delinquent juvenile is returned under this article shall be responsible for the payment of the transportation costs of such return.
Article VI -- Voluntary Return Procedure
That any delinquent juvenile who has absconded while on
probation or parole, or escaped from an institution or agency
vested with his legal custody or supervision in any state party to
this compact, and any juvenile who has run away from any state
party to this compact, who is taken into custody without a
requisition in another state party to this compact under the
provisions of article IV (a) or of article V (a), may consent to
his immediate return to the state from which he absconded, escaped
or ran away. Such consent shall be given by the juvenile or
delinquent juvenile and his counsel or guardian ad litem if any, by
executing or subscribing a writing, in the presence of a judge of
the appropriate court, which states that the juvenile or delinquent
juvenile and his counsel or guardian ad litem, if any, consent to
his return to the demanding state. Before such consent shall be
executed or subscribed, however, the judge, in the presence of
counsel or guardian ad litem, if any, shall inform the juvenile or
delinquent juvenile of his rights under this compact. When the
consent has been duly executed, it shall be forwarded to and filed
with the compact administrator of the state in which the court is
located and the judge shall direct the officer having the juvenile
or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return,
and shall cause to be delivered to such officer or officers a copy
of the consent. The court may, however, upon the request of the
state to which the juvenile or delinquent juvenile is being
returned, order him to return unaccompanied to such state and shall
provide him with a copy of such court order; in such event a copy
of the consent shall be forwarded to the compact administrator of
the state to which said juvenile or delinquent juvenile is ordered
to return.
Article VII -- Cooperative Supervision of Probationers
and Parolees
(a) That the duly constituted judicial and administrative
authorities of a state party to this compact (herein called
"sending state") may permit any delinquent juvenile within such
state, placed on probation or parole, to reside in any other state
party to this compact (herein called "receiving state") while on
probation or parole, and the receiving state shall accept such
delinquent juvenile, if the parent, guardian or person entitled to
the legal custody of such delinquent juvenile is residing or
undertakes to reside within the receiving state. Before granting
such permission, opportunity shall be given to the receiving state
to make such investigations as it deems necessary. The authorities
of the sending state shall send to the authorities of the receiving
state copies of pertinent court orders, social case studies and all
other available information which may be of value to and assist the
receiving state in supervising a probationer or parolee under this
compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent,
guardian or person entitled to the legal custody of the delinquent
juvenile is not a resident of the receiving state, and if so
accepted the sending state may transfer supervision accordingly.
(b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its owndelinquent juveniles released on probation or parole.
(c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.
(d) That the sending state shall be responsible under this article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.
Article VIII -- Responsibility for Costs
(a) That the provisions of articles IV (b), V (b) and VII (d)
of this compact shall not be construed to alter or affect any
internal relationship among departments, agencies and officers of
and in the government of a party state, or between a party state
and its subdivisions, as to the payment of costs, or
responsibilities therefor.
(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to articles IV (b), V (b) or VII (d) of this compact.
Article IX -- Detention Practices
That, to every extent possible, it shall be the policy of
states party to this compact that no juvenile or delinquent
juvenile shall be placed or detained in any prison, jail or lockup
nor be detained or transported in association with criminal, vicious or dissolute persons.
Article X -- Supplementary Agreements
That the duly constituted administrative authorities of a
state party to this compact may enter into supplementary agreements
with any other state or states party hereto for the cooperative
care, treatment and rehabilitation of delinquent juveniles whenever
they shall find that such agreements will improve the facilities or
programs available for such care, treatment and rehabilitation.
Such care, treatment and rehabilitation may be provided in an
institution located within any state entering into such
supplementary agreement. Such supplementary agreements shall (1)
provide the rates to be paid for the care, treatment and custody of
such delinquent juveniles, taking into consideration the character
of facilities, services and subsistence furnished; (2) provide that
the delinquent juvenile shall be given a court hearing prior to his
being sent to another state for care, treatment and custody; (3)
provide that the state receiving such a delinquent juvenile in one
of its institutions shall act solely as agent for the state sending
such delinquent juvenile; (4) provide that the sending state shall
at all times retain jurisdiction over delinquent juveniles sent to
an institution in another state; (5) provide for reasonable
inspection of such institutions by the sending state; (6) provide
that the consent of the parent, guardian, person or agency entitledto the legal custody of said delinquent juvenile shall be secured
prior to his being sent to another state; and (7) make provision
for such other matters and details as shall be necessary to protect
the rights and equities of such delinquent juveniles and of the cooperating states.
Article XI -- Acceptance of Federal and Other Aid
That any state party to this compact may accept any and all
donations, gifts and grants of money, equipment and services from
the federal or any local government, or any agency thereof and from
any person, firm or corporation, for any of the purposes and
functions of this compact, and may receive and utilize the same
subject to the terms, conditions and regulations governing such
donations, gifts and grants.
Article XII -- Compact Administrators
That the governor of each state party to this compact shall
designate an officer who, acting jointly with like officers of
other party states, shall promulgate rules and regulations to carry
out more effectively the terms and provisions of this compact.
Article XIII -- Execution of Compact
That this compact shall become operative immediately upon its
execution by any state as between it and any other state or states
so executing. When executed it shall have the full force and
effect of law within such state, the form or execution to be in
accordance with the laws of the executing state.
Article XIV -- Renunciation
That this compact shall continue in force and remain binding
upon each executing state until renounced by it. Renunciation of
this compact shall be by the same authority which executed it, by
sending six months' notice in writing of its intention to withdraw
from the compact to the other states party hereto. The duties and
obligations of a renouncing state under article VII hereof shall continue as to parolees and probationers residing therein at the
time of withdrawal until retaken or finally discharged.
Supplementary agreements entered into under article X hereof shall
be subject to renunciation as provided by such supplementary
agreements, and shall not be subject to the six months'
renunciation notice of the present article.
Article XV -- Severability
That the provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any participating
state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstances shall
not be affected thereby. If this compact shall be held contrary to
the constitution of any state participating therein, the compact
shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all
severable matters.
The governor is further authorized and directed to execute, with any other state or states legally joining in the same, an additional article to said compact in the form substantially as follows:
That this article shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.
For the purposes of this article, "child," as used herein, means any minor within the jurisdictional age limits of any court in the home state.
When any child is brought before a court of a state of which such child is not a resident, and such state is willing to permit such child's return to the home state of such child, such home state, upon being so advised by the state in which such proceeding is pending, shall immediately institute proceedings to determine the residence and jurisdictional facts as to such child in such home state, and upon finding that such child is in fact a resident of said state and subject to the jurisdiction of the court thereof, shall within five days authorize the return of such child to the home state, and to the parent or custodial agency legally authorized to accept such custody in such home state, and at the expense of such home state, to be paid from such funds as such home state may procure, designate, or provide, prompt action being of the essence.
The governor is further authorized and directed to execute, with any other state or states legally joining in the same, an amendment to said compact in the form substantially as follows:
(a) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.
(b) All provisions and procedures of articles V and VI of the interstate compact on juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in article V of the compact shall be forwarded by the judge of the court in which the petition has been filed.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
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