Frequently Asked Questions

Returns

How many days does a home/demanding state have to return a juvenile from a holding state?
Who is responsible for detention costs for holding another state's juvenile?
When I have a juvenile who is flying through Texas or another state, and he/she has a layover,
is there a way to have someone watch him in the airport during his layover?
Who is responsible for transportation from the detention center to the airport
if a state decided to return their juvenile via commercial airlines?
If I know the location of a juvenile in another state but he/she has not been arrested and detained,
what is the process to get him picked up and detained?
What forms do I need for a Voluntary Consent Hearing?
What is a requisition?
Is my county or probation department responsible for the return cost of my probation absconder in another state?
Is a juvenile afforded due process prior to the return to the home/demanding state?
If we do not have jurisdiction of a juvenile but he/she has pending charges, can we return him/her from another state?
If a juvenile is considered dangerous to himself/herself and/or others, can he be returned unaccompanied from the holding state?
Do we always have to notify you when juveniles are found in Texas?

How many days does a home/demanding state have to return a juvenile from a holding state?

The state to which the juvenile is returned shall be responsible for the costs of transportation, for making transportation arrangements and for the return of the juvenile with five (5) working days of being notified by the holding state's ICJ office that the Form III has been signed. (Refer to ICJ Rule 7-101.)

Who is responsible for detention costs for holding another state's juvenile?

A holding state shall not be reimbursed for detaining a juvenile under the provisions of the ICJ law unless the home/demanding State ICJ Office does not demonstrate a good faith effort to effect the return of its juveniles within five (5) working days.   (Refer to ICJ Rule 7-105.)

When I have a juvenile who is flying through Texas, or another state, and he/she has a layover, is there a way to have someone watch him in the airport during his layover?

Yes.  Airport supervision and assistance to unescorted juveniles can be accessed.  The Texas ICJ office contracts for this service at the DFW airport.  We require a minimum of 24 hours notice to schedule the airport supervision.  

If you feel the juvenile is a high risk to run, we have the ability to ask DPS officers to assist in the surveillance.

Many states provide airport supervision in their major cities and require the same 24 hours notice up to 48 hours notice.  To schedule airport supervision, please contact this office.  (Refer to ICJ Rule 7-107.)

Who is responsible for transportation from the detention center to the airport if a state decided to return their juvenile via commercial airlines?

If you are the holding jurisdiction, you and your probation department are responsible for transporting the juvenile from your detention center to the airport upon the request from the ICJ office.  

Specific guidelines exist to prevent a juvenile from running from the transporter after the juvenile has exited the secure vehicle.  Those guidelines are:

  • Arrive 60-90 minutes prior to flight's departure,
  • Verify that the ticket is prepaid with a record locator number or password,
  • NEVER reschedule a flight for any reason without confirmation from your ICJ office,
  • Bring our office number with you for immediate contact,
  • It is good practice to have a mobile phone or calling card to make long distance calls to our office in the event of a problem,
  • Remove any handcuffs or mechanical restraints prior to entering the airport terminal (escort the juvenile by the arm or shirt collar),
  • Check in all baggage and medication,
  • Provide the juvenile with a copy of his/her signed pdf icon Form III, and 
  • Remain at the gate of departure until the plane physically leaves the ground.

If I know the location of a juvenile in another state but he/she has not been arrested and detained, what is the process to get him picked up and detained?

Juvenile Classification:

Probation Absconder - (Refer to ICJ Rule 6-103A)

Parole Absconder/Escapee - (Refer to ICJ Rule 6-103A)

Non-Delinquent Runaway - (Refer to ICJ Rule 6-103)

Accused Delinquent - (Refer to ICJ Rule 6-103A)

If the juvenile is a probation absconder, you would follow these steps:

If the youth is not in custody but his/her whereabouts are known, the requisition will state the location of the youth. The judge in the asylum state will issue an order for the juvenile to be brought into custody. The following procedure applies:

  • The requisition is addressed to the juvenile judge in the jurisdiction where the youth is located.  This will be provided by the Texas ICJ Office at the time you are completing the requisition paperwork.
  • The judge of jurisdiction signs the Requisition as the court requesting the youth’s return. The juvenile probation officer has his/her signature notarized as the requisitioner.
  • Requisitions with original signatures must be accompanied by certified supporting documents, (i.e., adjudication and disposition orders, probation rules).
  • The complete sets of original, notarized requisitions and certified supporting documents must be sent to Texas ICJ Office.
  • The Texas ICJ Office forwards the paperwork to the state where the juvenile is located (holding state) via the electronic document transfer system. The holding state has the right to request the original documents be sent to them.
  • The case is taken to court.
  • If the paperwork is deemed to be in order by the court, youth is ordered to return to home state.
  • The Texas ICJ Office facilitates and coordinates the juvenile's travel within five (5) working days.  The county that has jurisdiction of the juvenile is responsible for the cost of the return arrangements. 

To obtain the appropriate forms, please refer to pdf icon Form II.

If the juvenile is a TJJD parole absconder or TJJD escapee, you would follow these steps:

  • The TJJD home parole officer or caseworker contacts the Texas ICJ Office and advises of location.
  • You would forward (via overnight mail) three (3) certified copies of the juvenile's commitment order to this office.
  • The Texas ICJ Deputy Administrator completes and signs the Requisition as the Compact Official entitled to the youth’s return and has the signature notarized as the requisitioner.
  • The Requitision is sent from the Texas ICJ Office to the holding state’s ICJ Office via the eletronic transfer system.
  • The case is taken to court.
  • If the paperwork is deemed to be in order by the court, youth is ordered to return to Texas.
  • The Texas ICJ Office arranges for youth’s travel within five (5) working days.

To obtain the appropriate forms, please refer to pdf icon Form II.

If the juvenile is a non-delinquent runaway, you would follow these steps:

  • If the juvenile is not in custody, but his/her whereabouts are known, the requisition will state the location of juvenile. The judge in the asylum state will issue an order for the juvenile to be brought into custody.

If you are the parent, it is in your best interest to contact this office for more specific instructions.  If you are a probation officer assisting a parent, the following will assist you in getting started.

  • The requisition pdf icon Form I with original signatures, pdf icon Form A and accompanying certified documentation sent to the Texas  ICJ Office.

  • The Texas ICJ Office forwards the paperwork to the state where the juvenile is being held via the electronic data system (holding state).

  • The case is taken into court.

  • If the paperwork is deemed to be in order by the court, juvenile is ordered to Texas.

  • The Texas ICJ Office facilitates and coordinates with the parent (s) for the juvenile’s return travel to Texas within five (5) working days.  The return costs are the responsibility of the parent(s). 

If the juvenile has been accused delinquent and is currently out-of-state, you would follow these steps:

If the youth is not in custody but his/her whereabouts are known, the requisition will state the location of the youth. The judge in the asylum state will issue an order for the juvenile to be brought into custody. The following procedure applies.

  • The requisition is addressed to the juvenile judge in the jurisdiction where the youth is located.  This will be provided to you by the Texas ICJ Office.
  • The judge of the jurisdiction signs the Requisition as the court requesting the youth’s return. The juvenile probation officer has his/her signature notarized as the requisitioner.
  • The requisitions with original signatures must be accompanied by certified supporting documents, (i.e., petitions, warrants, etc.).
  • The complete sets of original, notarized requisitions and certified supporting documents must be sent to the Texas ICJ Office.
  • The Texas ICJ Office forwards paperwork to the state where juvenile is located (holding state) via the electronic transfer system.
  • The case is taken to court.
  • If the paperwork is deemed to be in order by the court, youth is ordered to return to Texas.
  • The Texas ICJ Office arranges for youth’s return within five (5) working days.

Please refer to pdf icon Form II.

What forms do I need for a Voluntary Consent Hearing?

You will need the following forms:

pdf icon Juvenile Rights Form
pdf icon Form III

(Please refer to ICJ Rule 6-102).

What is a requisition?

A formal request sent to the Compact Administrator or Executive Authority for the return of a non-delinquent runaway, probation or parole absconder, escapee or  Accused Delinquent under  the ICJ.  

Is my county or probation department responsible for the return cost of my probation absconder in another state?

Yes.  The juvenile is under your court jurisdiction and you are responsible for that juvenile.  The Texas ICJ Office does NOT receive funds  for returning probation absconders or returning probationers who are sent out of state for probation supervision under the ICJ. 

Is a juvenile afforded due process prior to the return to the home/demanding state?

Yes.  Use of Article I ICJ Rules Section 600 protects the juvenile, as well as Interstate Compact officials and others involved in the return process, by giving specific legislative authority for the return. This ensures that there can be no question that their actions were taken under the letter of the law, which is uniform in each state. (Refer to ICJ Rules Section 600 and 700).)

If we do not have jurisdiction of a juvenile but he/she has pending charges, can we return him/her from another state?

Please refer to the earlier question: "If I know the location of a juvenile in another state but he/she has not been arrested and detained, what is the process to get him picked up and detained?" and the  Accused Delinquent section. (Refer to ICJ Rule 6-103A).

If a juvenile is considered dangerous to himself/herself and/or others, can he be returned unaccompanied from the holding state?

(Refer to ICJ Rule 7-102).

Do we always have to notify you when juveniles are found in Texas?

If a juvenile is picked up on Friday night, and you find that he/she is a runaway or missing person from another state and has no charges pending in either state, and the juvenile is willing to return to his legal guardian, you certainly do not have to wait until Monday to contact the Texas ICJ Office.  

If you are able to get the juvenile returned safely to his legal guardian over the weekend, we encourage you to do so.  

However, for your protection, we request that you get a pdf icon Form III signed.  Please fax the form and information regarding the return on Monday morning.

Filing the Form III with your ICJ office follows procedures of the ICJ.  In addition, it provides us with a better picture of the number of runaways found in our state.

You must call us Monday morning if the youth is still in your facility so that we can assist in the return to the home state. (Refer to ICJ Rule 6-101).

 

Email ICJ comments to: txicj@tjjd.texas.gov

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