NCJ Number
69111
Date Published
1980
Length
6 pages
Annotation
THREE INTERSTATE COMPACTS MAY BE UTILIZED TO INSURE THE CONTINUED PROTECTION AND TREATMENT OF CHILDREN WHO REQUIRE CARE IN A FOREIGN STATE.
Abstract
THE INTERSTATE COMPACT ON MENTAL HEALTH AIMS TO FACILITATE THE TRANSFER OF PATIENTS OR RESIDENTS (BOTH CHILDREN AND ADULTS) FROM A STATE-OPERATED MENTAL HEALTH FACILITY IN ONE STATE TO A SIMILAR STATE OPERATED MENTAL HEALTH FACILITY IN ANOTHER STATE. THE INTERSTATE COMPACT ON JUVENILES IS TO SERVE YOUTH AND CHILDREN WHO COME BEFORE THE JUVENILE COURT AND WHO HAVE BEEN ADJUDICATED DELINQUENT AND PLACED ON PROBATION OR PAROLE. IF THE COMPACT IS USED, THE JUVENILE WILL RECEIVE PROBATION OR PAROLE SERVICES AND THE PROBATION OFFICER OR PAROLE AGENT IN THE RECEIVING STATE WILL SERVE AS THE AGENT OF THE SENDING STATE'S COURT. MOREOVER, THE SENDING STATE'S COURT'S JURISDICTIONAL AUTHORITY IS EXTENDED INTO THE RECEIVING STATE SO THAT THE SENDING COURT CAN CONTINUE TO SUPERVISE THE JUVENILE. THIS COMPACT ALSO PROVIDES FOR THE RETURN OF RUNAWAYS, ESCAPEES, OR ABSCONDERS. ANY SUCH MINOR IS ENTITLED TO AN INFORMAL HEARING BEFORE A COURT IN THE FOREIGN STATE. HOWEVER, TWO REQUISITION FORMS FOR BRINGING ABOUT THE CHILD'S RETURN ARE POSSIBLE IF THE YOUTH REFUSES TO SIGN THE VOLUNTARY WAIVER AND CONSENT TO RETURN. THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN MAY BE UTILIZED BY THE PLACING PARTY (COURTS, AGENCIES, PARENTS). THE COMPACT SERVES CHILDREN WHO HAVE BEEN ADJUDICATED, NEGLECTED, DEPENDENT, MINORS IN NEED OF SUPERVISION, ABANDONED, ABUSED, OR DELINQUENT (BUT NOT ON PROBATION OR PAROLE). THIS COMPACT EXTENDS JURISDICTIONAL AUTHORITY OF THE SENDING STATE'S COURT AND INSURES THE PROVISION OF NECESSARY PROTECTIVE AND SUPPORTIVE SERVICES TO THE CHILD IN THE RECEIVING STATE. THESE INTERSTATE COMPACTS ARE UNIFORM LEGISLATION WHICH BECOMES STATUTORY LAW IN THAT STATE AND COMPLIANCE IS MANDATORY RATHER THAN DISCRETIONARY. THE COMPACTS ARE VEHICLES FOR ENSURING THAT CHILDREN ARE FULLY PROTECTED BY THE COURTS.