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Runaways and the ICJ. 2013 Annual Business Meeting. When should runaways be held in secure facilities? What if a runaway alleges abuse? How do I handle a runaway who refuses to return voluntarily?. Holding Runaways in Secure Detention. Runaways are held in secure facilities if:
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Runaways and the ICJ 2013 Annual Business Meeting
When should runaways be held in secure facilities? • What if a runaway alleges abuse? • How do I handle a runaway who refuses to return voluntarily? Serving Juveniles While Protecting Communities
Holding Runaways in Secure Detention Runaways are held in secure facilities if: • They are held longer than 24 hours, • They are endangering themselves or others Juveniles who do not return voluntarily may be held in detention up to 90 calendar days OJJDP Exclusion: Juveniles held pursuant to the ICJ are excluded from the deinstitutionalization of status offenders requirements Serving Juveniles While Protecting Communities
Allegations of Abuse or Neglect If a runaway alleges abuse or neglect, the holding state ICJ office contacts the home/demanding state ICJ office If the juvenile is not returning to a parent or legal guardian, the court or appropriate authority in the home/demanding state court initiates the requisition process Serving Juveniles While Protecting Communities
Runaway Scenario Breakouts Please return to Abbey South at 11:00 AM Serving Juveniles While Protecting Communities
Scenario 1 • A non-delinquent juvenile travels from Wisconsin to Michigan with a non-custodial parent for a visit • The non-custodial parent leaves the juvenile in Michigan • The police detain the juvenile • The custodial parent remains in Wisconsin Serving Juveniles While Protecting Communities
Scenario 2 • Ohio State Police picks up a 14 year-old non-delinquent runaway from Indiana • NCIC confirms juvenile ran away from Indiana • Law enforcement place juvenile in shelter • Both ICJ Offices request juvenile be held in secure detention • Law enforcement refuses the request Serving Juveniles While Protecting Communities
Scenario 3 • A juvenile from North Carolina enters a residential mental health facility in Alabama, under ICPC • Juvenile runs away after one week in the facility • Police find and detain the juvenile Serving Juveniles While Protecting Communities
New Rule: ICPC Recognition “ICJ recognizes the authority of ICPC under Article V of the Interstate Compact for the Placement of Children and supports their authority to return ICPC youth who have run away from their out-of-state placement resulting in a demand for their return by the sending state. In the event a juvenile is held in a secure facility beyond twenty-four (24) hours (excluding weekends and holidays), the appropriate provisions of the ICJ rules shall apply.” Serving Juveniles While Protecting Communities
Scenario 4 • An 19-year old juvenile is picked up in California (age of majority = 18) • Investigation reveals the juvenile is an adjudicated delinquent that escaped from Louisiana (age of majority = 21) • No charges are pending in California • The juvenile refuses to return voluntarily Serving Juveniles While Protecting Communities
Q & A Serving Juveniles While Protecting Communities