Interstate Compact for Juveniles Runaways Returns More Initially

Interstate Compact for Juveniles: Runaways, Returns & More Initially presented at National Council of Juvenile & Family Court Judges’ 2018 National Conference on Juvenile Justice March 20, 2018

Learning Objectives • Identify 3 ways a juvenile can be returned • Distinguish between voluntary & non-voluntary returns • Identify differences in procedure for nondelinquent runaways vs. escapees, absconders and accused delinquents • Understand correlation between ICJ, runaways, human trafficking Serving Juveniles While Protecting Communities 2

Interstate Compact for Juveniles Authorized by: § U. S. Constitution, Compact Clause, Art. 1 § 10 § Crime Control Act, 4 U. S. C. § 112 (1965) • Adopted by all 50 states, DC, USVI • Binding regulatory compact that: 1. governs movement of delinquent and status offense juveniles, and 2. creates a commission with broad rulemaking & enforcement powers. Serving Juveniles While Protecting Communities 3

ICJ Rules: Binding & Supersede State Laws • ICJ explicitly delegates rulemaking authority to Commission - ICJ Art. VI • ICJ Rules are binding on compacting states - ICJ Art. XIII (B) • When state laws conflict, ICJ supersedes – ICJ Art. XIII (A) • For discussion, see ICJ Bench Book, Chapter 1 Serving Juveniles While Protecting Communities

Compliance & Enforcement 1. State-Level Enforcement • Courts & executive agencies must enforce by taking all necessary actions to effectuate ICJ’s purposes 2. Commission-Level Enforcement: • • • Remedial training & technical assistance Alternative dispute resolution Fines Suspension or termination from Compact Litigation

Distinctions between ICJ & ICPC ICJ ICPC Delinquency & Runaways Abuse and/or Neglect Revised ICJ adopted by 50 states, DC, USVI Not all states have adopted revised ICPC JIDS electronic data system NIECE Data System Includes explicit remedies for Does not include explicit enforcement remedies (still enforcable under Constitution & contract law) Serving Juveniles While Protecting Communities 6

ICJ Applies when a Juvenile: § Has run away from home & left their state of residence; § Is on probation, parole, or other supervision, or has escaped to another state; or § Has been accused of an offense in another state Serving Juveniles While Protecting Communities 7

Uniform Extradition Act Not Applicable • ICJ permits juveniles to reside & be supervised in state where they have family & community ties. In exchange, Juvenile is bound by ICJ, including Rules 4 -102(2) & 5 -103(3) (re: Waiver of Extradition) • Juvenile is subject to ICJ’s “alternative procedures”, not Uniform Criminal Extradition & Rendition Act (UCERA) • See ICJ Bench Book, 4. 2. 2 Serving Juveniles While Protecting Communities

Annual ICJ Statistics Nationwide • Transfers of Supervision: 5, 500 • Returns: 1, 100 • Travel Permits: 6, 000 Statewide (averages) • 110 Supervision Cases • 15 Parole • 95 Probation • 40 Returns/Runaway • 115 Travel Permits Issued Serving Juveniles While Protecting Communities 9

Who Runs Away? Non-delinquent juveniles Juveniles who flee to another state (i. e. escapee, absconder, accused delinquent) Serving Juveniles While Protecting Communities 10

Voluntary vs. Non-Voluntary Returns Voluntary • Juvenile in custody agrees to return to home/demanding state • “Consent for Voluntary Return” (ICJ Form III) Non. Voluntary • Juvenile refuses to return to home/demanding state; may not be in custody • “Requisition” (ICJ Form I or Form II) Serving Juveniles While Protecting Communities 11

Returning Runaways

Non-delinquent Runaways First 24 Hours (ICJ Rule 6 -101) • Authorities may release runaway to parent/legal guardian within 24 hours of detainment, EXCEPT when abuse/neglect is suspected. • After 24 hours, holding authorities contact the holding state’s ICJ office. Serving Juveniles While Protecting Communities 13

Runaways: Abuse/Neglect (ICJ Rule 6 -105) • Holding state notifies home state’s ICJ Office • Home state’s ICJ Office works with home state’s authorities and/or court to safely return juvenile • If voluntary return, Form III (Consent for Voluntary Return) must indicate who will assume responsibility for juvenile • If unwilling to voluntarily return, Requisition is initiated by home/demanding state’s authorities. See ICJ Rule 6 -103(10) • Juvenile must still be returned within time frames Serving Juveniles While Protecting Communities 14

Secure Detention ICJ Rules 6 -102(1) & 6 -103(1) • Runaways shall be held in secure facilities if they are danger to themselves or others. • Holding state has discretion to hold those who are not danger to themselves or others at location it deems appropriate. OJJDP Exclusion Juveniles held pursuant to ICJ are excluded from JJDPA’s deinstitutionalization of status offenders (DSO) requirements. See ICJ Bench Book, Appendix VI, Memo re: OJJDP Policy on Secure Detention Serving Juveniles While Protecting Communities 15

Voluntary Returns Non-Delinquent Runaways, Escapees, Absconders, and Accused Delinquents Serving Juveniles While Protecting Communities

Voluntary Return Process – ICJ Rule 6 -102(10) • Juvenile shall be returned within 5 business days of receiving signed Form III (Consent for Voluntary Return) or Adult Waiver. • May be extended additional 5 business days with approval from both ICJ offices. Serving Juveniles While Protecting Communities 17

Process Chart in ICJ Bench Book Serving Juveniles While Protecting Communities 18

Non-Voluntary Returns Non-delinquent runaways and/or accused status offenders Rule 6 -103 Escapees, absconders, or accused delinquents Rule 6 -103 A Serving Juveniles While Protecting Communities 19

Non-Voluntary Return of Runaways & Accused Status Offenders ICJ Rule 6 -103 Serving Juveniles While Protecting Communities

Process Chart in ICJ Bench Book • Consider adding picture of Process Chart Serving Juveniles While Protecting Communities 21

Requisition of Runaway/Accused Status Offender • Requisition applies to all juveniles in custody who – refuse to voluntarily return or – to request a juvenile whose whereabouts are known, but not in custody, be picked up & detained pending return. • Legal guardian or custodial agency SHALL petition court in home/demanding state for Requisition. – If juvenile is already in custody, must be within 60 days of notification of juvenile’s refusal to voluntarily return. Serving Juveniles While Protecting Communities 22

Requisition by State Authorities: ICJ Rule 6 -103(10) • Home/demanding state’s appropriate authority begins Requisition process when: • Notified by holding state’s ICJ office of juvenile’s refusal to return voluntarily, AND • Legal guardian or custodial agency is unable or refuses to initiate Requisition, • 60 day maximum timeframe applies • Appropriate process when abuse/neglect allegations made and home state determines juvenile will not return to the legal guardian. Serving Juveniles While Protecting Communities 23

Hearing on Requisition - ICJ Rule 6 -103(5 -6) • Hearing within 30 days of receipt of Requisition. • “Purpose of said hearing is to determine proof of entitlement for the return of the juvenile. ” – If Requisition packet in order, holding state’s court shall order juvenile be returned ** “Best interest” standard determined by home/demanding state’s court. Serving Juveniles While Protecting Communities

Hearing & Findings Approve if Proof of Entitlement Established • Judge orders juvenile’s return • Juvenile shall be returned within 5 business days Deny if Proof of Entitlement NOT Established • Judge shall issue written findings detailing the reason(s) for denial Serving Juveniles While Protecting Communities

Non-Voluntary Return of Escapees, Absconders or Accused Delinquents ICJ Rule 6 -103 A “A requisition applies to all juveniles in custody who refuse to voluntarily return to their home/demanding state or to request a juvenile whose whereabouts are known, but not in custody be picked up and detained pending return. “ Serving Juveniles While Protecting Communities

Detention & Requisition of Escapees, Absconders or Accused Delinquents • If in custody on a warrant, these juveniles shall be detained in secure facilities until returned. • Demanding state’s ICJ Office presents Requisition to demanding state’s court to request juvenile’s return, along with documents to prove entitlement. • When juvenile is in custody, this shall be within 60 days of notification of refusal to voluntarily return. • Demanding state’s judge shall determine whether proof of entitlement has been established, and, if so, sign Requisition Serving Juveniles While Protecting Communities

Holding State’s Hearing on Requisition • Hearing within 30 days of receipt of Requisition. • If juvenile is detained when Requisition received, court shall order juvenile be held pending a hearing on the Requisition. • “Purpose of said hearing is to determine proof of entitlement for the return of the juvenile. ” – If Requisition packet in order, court shall order juvenile be returned ** “Best interest” standard determined by home/demanding state’s court. Serving Juveniles While Protecting Communities

Hearing & Findings Approve if Proof of Entitlement Established • Judge orders juvenile’s return • Juvenile shall be returned within 5 business days Deny if Proof of Entitlement NOT Established • Judge shall issue written findings detailing the reason(s) for denial Serving Juveniles While Protecting Communities

Retaking (Return by Sending State After Failed Supervision) Serving Juveniles While Protecting Communities

Retaking – ICJ Rule 1 -101 & 5 -103 “The act of a sending state physically removing a juvenile, or causing to have a juvenile removed, from a receiving state. ” 31 Serving Juveniles While Protecting Communities

Sending State’s Authority to Retake After Violation ICJ Rule 5 -103(3) • Sending state has conclusive authority to retake juvenile on probation or parole – If juvenile is suspected of committing criminal offense or act of delinquency in receiving state, sending state may NOT retake juvenile without prior consent from receiving state’s authorities. – No further court procedures are required • Form IA/VI (Application for Services & Waiver). • Officer of sending state may enter receiving state and retake a juvenile on probation/parole – If this is not practical, warrant may be issued & supervising state shall honor warrant in full. Serving Juveniles While Protecting Communities 32

Sending State Must Retake upon Request by Receiving State, if: a. Legal guardian remains in sending state and supervision in receiving state has failed as evidence by: 1. Juvenile is no longer residing in approved residence due to documented violations of conditions of supervision; or 2. An alternative residence is determined to be in the best interest of the juvenile due to documented violations of conditions of supervision, but no viable alternatives exist in receiving state; or 3. An immediate, serious threat to the health & safety of the juvenile and/or others in residence/community is identified; and 4. Receiving state has documented efforts to redirect behavior. OR b. Juvenile is not residing with a legal guardian & that person requests juvenile be removed from his/her home. Serving Juveniles While Protecting Communities

Warrants & Notice – ICJ Rule 7 -104 § All warrants issued for juveniles subject to ICJ shall be entered into NCIC with a nationwide pickup radius with no bond amount set § Holding states shall honor all lawful warrants § No later than next business day, holding state’s ICJ Office shall notify home/demanding/sending state that juvenile has been placed in custody Serving Juveniles While Protecting Communities 34

ICJ, Runaways, and Human Trafficking Serving Juveniles While Protecting Communities

What is Human Trafficking? According to Dept. of Homeland Security: § Modern day slavery § Exploiting a person through force, fraud, or coercion § Sex trafficking, forced labor, and domestic servitude § Happening everywhere, including the U. S. § Victims can be U. S. citizens or of any nationality, age, socioeconomic status, or gender Serving Juveniles While Protecting Communities 36

Connecting Human Trafficking & ICJ • ICJ is only legal means to return juvenile runaways, many of whom are victims of Human Trafficking. • Through ICJ Offices across the country, victims of human trafficking are being safely returned to their home states based on collaborative efforts between the ICJ and stakeholders involved in identification and service provision for these vulnerable youth. Serving Juveniles While Protecting Communities

Ground Transport Medical / Hospital Personnel Dependency Workers Group Home / Non Secure Shelter Staff Law Enforcement Airline Personnel Juvenile Detention Intake Foster Care Trafficked Youth Victims Advocate Caregivers Parents and Family Courts and Attorneys Probation / Parole Officers Hotel Personnel School Personnel Juvenile Correctional 38

Trafficking within Youth Populations § 293, 000 US youth currently at risk of commercial sexual exploitation § Victims can be any age, gender, race, or immigration status and may live in cities, suburbs or rural areas § Majority of victims are runaways, homeless youth and LGBTQ youth Serving Juveniles While Protecting Communities 39

Trafficking within Youth Populations § 1 in 3 homeless youth are recruited by sex traffickers within 48 hours of becoming a runaway § 1 in 6 runaways reported in 2016 were likely sex trafficking victims § 86% of these likely trafficking victims were in the care of social services or foster care when they went missing Serving Juveniles While Protecting Communities 40

States Reporting Most Trafficking • Highest number of reported trafficking cases: California, Texas, Florida, Ohio and New York • Increased vulnerability to trafficking due to – number of airports and ports, – international border proximity and – immigrant populations Serving Juveniles While Protecting Communities 41

DHS Indicators of Human Trafficking confused, or showing signs of 1. Does person appear mental or physical abuse? disconnected from family, friends, community organizations, or houses of worship? 6. Does the person have bruises in various stages of healing? 2. Has a child stopped attending school? 7. Is the person fearful, timid, or submissive? 3. Has person had a sudden or dramatic change 8. Does the person show signs of in behavior? having been denied food, water, sleep or medical care? 4. Is a juvenile engaged in commercial sex acts? Serving Juveniles While Protecting Communities 5. Is the person disoriented or 42

DHS Indicators of Human Trafficking 9. Is the person often in the company of someone to whom he or she defers? Or someone who seems to be in control of the 13. situation, e. g. , where they go or who they talk to? 10. Does the person appear to be coached on what to say? possessions and appear not to have a stable living situation? Does the person have freedom of movement? Can the person freely leave where they live? Are there unreasonable security measures? 11. Is the person living in unsuitable conditions? 12. Does the person lack personal Serving Juveniles While Protecting Communities 43

ICJ Recommended Resources A. Polaris Project B. ICJ Human Trafficking Matrix C. National Runaway Safeline (NRS) D. Vera Institute of Justice: Trafficking Victim Identification Tool (TVIT) Serving Juveniles While Protecting Communities 52

The Polaris Model 1. Respond to victims of human trafficking effectively and immediately. 2. Equip key stakeholders and communities to address and prevent human trafficking. 3. Disrupt the business of human trafficking through targeted campaigns. Serving Juveniles While Protecting Communities 53

Polaris Resources Polaris Project § Leading efforts to eradicate Human Trafficking § Operates the National Human Trafficking Resource Center (NHTRC) § Website is www. traffickingresourcecenter. org Serving Juveniles While Protecting Communities 54

ICJ Human Trafficking Matrix § § Sex Trafficking § Labor Trafficking Asset Forfeiture for HT Investigative Tools for § § Law Enforcement § Training on HT for Law § Enforcement § HT Commission or Task Force § Low Burden of Proof for Sex Trafficking of Minors Safe Harbor – Protecting Sexually Exploited Minors Victim Assistance Access to Civil Damages Vacating Convictions for Sex Trafficking Victims Serving Juveniles While Protecting Communities 55

ICJ Human Trafficking Matrix Serving Juveniles While Protecting Communities 56

National Runaway Safeline (NRS) § Sponsors “Home Free Program, ” in collaboration with Greyhound Lines § Over 15, 000 youth provided bus tickets for their return home, free of charge § Eligibility for Home Free now includes victims of human trafficking through age 21 § Featured on ICJ website Serving Juveniles While Protecting Communities 57

Trafficking Victim Identification Tool § Highly reliable in identifying victims of sex and labor trafficking § Provides a screening tool that can be used in a short version § Recommends consulting state and federal definitions of human trafficking in addition to using the screening tool Serving Juveniles While Protecting Communities 58

Case Scenarios & Discussion Serving Juveniles While Protecting Communities

Resources at www. Juvenile. Compact. org Bench Book ICJ Rules (PDF & “Stepby-step) Advisory Opinions Serving Juveniles While Protecting Communities Toolkit for Judges Forms (PDF) Online Trainings Compact Office Directory Human Trafficking Matrix JIDS Helpdesk & FAQ

Questions? Serving Juveniles While Protecting Communities

Contact Information Interstate Commission for Juveniles National Office 836 Euclid Avenue Suite 322 Lexington, KY 40502 (859) 721 -1062 www. juvenilecompact. org Serving Juveniles While Protecting Communities 68