Frequently Asked Questions

Supervision

bulleted item 1 How do I put a referral packet together and what is required?
bulleted item 2 Do all signatures need to be obtained on the ICJ Form IA/VI before submitting a referral packet?
bulleted item 3 Once a youth turns 18, why do we have to continue supervision?
bulleted item 4 Can I issue a warrant for violation of probation on a youth that I am supervising for another state?
bulleted item 5 Am I allowed to close a ICJ supervision case from another state?
bulleted item 6 On ICJ Form V, whom do I list as the contact person?
bulleted item 7 Can I begin supervising a youth in which his/her referral came directly from a sending state’s probation department?
bulleted item 8 How long is an ICJ Out-of-State Travel Permit valid?
bulleted item 9 Who is eligible for ICJ supervision?
bulleted item 10 How long does it take to obtain a home evaluation from another state?
bulleted item 11 Who determines the suitability for Out-of-State placements?
bulleted item 12 How often should I forward progress reports to the Texas ICJ office?
bulleted item 13 How do I request an emergency home evaluation?
bulleted item 14 What happens when another state directly sends us paperwork on a youth as a request to transfer jurisdiction?

How do I put a referral packet together and what is required?

A referral packet consists of the following mandatory documents:

  • Cover letter explaining circumstances regarding juvenile’s move,
  • ICJ Form IV - Parole or Probation Investigation Request (signed by JPO and Texas ICJ Deputy Administrator), 
  • ICJ Form IA/VI - Application for Compact Services/Memorandum of Understanding and Waiver (signed by juvenile, with signatures witnessed, and adjudicating judge),
  • ICJ Form V - Report of Sending State Upon Parolee and Probationer Being Sent to Another Jurisdiction (signed by JPO),
  • ICJ Out-of-State Travel Permit Form (signed by juvenile, JPO, and a witness),
  • LS-024 (9/12) - Youth’s Consent for Disclosure to Persons Other than Parents or Juvenile Court Officials (signed by juvenile),
  • Adjudication and Disposition Orders,
  • Conditions of Probation,
  • Petition(s),
  • Pre-Disposition Report, Social History, or Interagency Application for Placement,
  • School Records,
  • Updated Psychological Report, and
  • Medical Records

Do all signatures need to be obtained on the ICJ Form IA/VI before submitting a referral packet?

No. If juvenile has left the state, we can obtain those signatures from the receiving state. However, the ICJ Form IA/VI must be signed by your judge prior to being submitted with the packet. This is true for all submitted ICJ referrals,whether the youth remains in Texas or has left for the receviing state.

Once a juvenile turns 18, why do we have to continue supervision?

States differ widely on maximum age on probation and parole. ICJ Article II provides that “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 of an agency or institution pursuant to an order of such court. Please refer to the Age Matrix Texas Family Code Chapter 60, and Texas AG Dan Morales'Opinion #DM-147.

Can I issue a warrant for violation of probation on a juvenile that I am supervising for another state?

No.  The sending state holds jurisdiction and is responsible for issuing the warrant. However, per ICJ Rule 4-104, the receiving state has the power to enforce the terms of parole/probation, including the imposition of detention time as a temporary sanction for violations of probation. Anytime violations occur, you would need to submit a violation report to your ICJ office detailing the violations and any actions taken to sanction those violations.. 

Am I allowed to close an ICJ supervision case from another state?

The sending state has sole authority to discharge/terminate its juveniles with the exception of when:

  • a juvenile is convicted of a crime and sentenced under the jurisdiction of the adult court in the receiving state and the sentence is longer than the juvenile sentence. In such cases, the receiving state may close the ICJ case once it has notified the sending state, in writing, and provided the sending state with a copy of the adult court order.
  • cases terminate due to expiration of a court order or upon expiration of the period of parole. These cases may be closed by the receiving state without further action by the sending state. In such cases, the receiving state shall forward a summary report to the sending state, and notify the sending state in writing that, unless otherwise notified, the case will be closed due to the expiration of the court order.
  • A juvenile on ICJ supervision absconds from placement and the sending state has issued a warrant or directive to apprehend, or if the juvenile has been on abscond for at least 10 days and the sending state has been notified of the abscond.

On ICJ Form V, whom do I list as the contact person?

You would list yourself, the juvenile probation officer, because the juvenile is to report to you by phone or by mail until the receiving state has accepted supervision. If the receiving sate has approved the home prior to the juvenile's departure the receiving statet's assigned JPO should be listed as the contact person. ICJ Form V

Can I begin supervising a juvenile in which his/her referral came directly from a sending state’s probation department?

The referral must come from your state’s ICJ office in order for it to be a legal referral. You are not responsible for supervising in this case, however, the decision will be yours to make as your community may be at risk. If you receive a referral directly from another state, please contact your ICJ office as soon as possible so they can request the referral through the proper channels.

How long is a Travel Permit valid?

Once approved, the ICJ Out-of-State Travel Permit is valid for a maximum of 90 days on Texas probationers and 14 days for TJJD youth.

Who is eligible for Interstate Compact supervision?

All juveniles who are under juvenile court jurisdiction, as defined by the sending state and who have been assigned terms of supervision are eligible for services pursuant to the provisions of the ICJ, provided they also have:

  1. A plan inclusive of relocating to another state for a period exceeding ninety (90) consecutive days in any twelve (12) month period; and
  2. Who has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request.

Juveniles adjudicated delinquent and placed on probation and committed juveniles who are paroled are eligible for supervision and services under the ICJ. Juveniles on Deferred Prosecution or Deferred Adjudication are eligible for services under the ICJ, provided they have requirements for supervision. Also, juveniles as defined in Rule 1-101, eligible for transfer as defined by Rule 4-101, who have been accepted as full-time students at a secondary school, or accredited university/college, or state licensed specialized training program and can provide proof of enrollment, shall be considered for supervision by the receiving state.  An individual's status as a juvenile depends on the law in the sending state and shall be provided supervision by the appropriate juvenile authority in the receiving state.

How long does it take to obtain a home evaluation from another state?

The normal timeframe for a response to a home evaluation request is 30 - 45 working days.  This information is particularly crucial to those workers responsible for placement planning in institutional settings. 

Who determines the placement suitability for Out-of-State placements?

ICJ offices shall determine each placement's suitability based on the home evaluation report, approve or disapprove the home, within the terms of the ICJ, and forward the home evaluation and approval or disapproval of the Compact Administrator to the sending ICJ office.  

How often should I forward progress reports to the Texas Interstate Compact office?

Progress reports are due on a quarterly basis.  However, if there is a problem in the placement, please advise our office immediately.  We will ask that you follow up in writing ASAP.

How do I request an Emergency Home Evaluation?

Call first.  If the emergency involves a pre-dispositional home evaluation we will ask that you send all available information along with a cover letter detailing the request and ICJ Form IV.

When it appears necessary to request an emergency placement evaluation, the referring ICJ office shall be responsible for verifying that an emergency actually exists. If so, referral information should be provided to the receiving ICJ office expeditiously as possible, along with an explanation of the nature of the emergency. An ICJ travel permit needs to be completed and sent for all youth prior to their movement to the receiving state. The permit must be sent to the ICJ office as soon as possible. Send it to the ICJ office prior to submitting the referral packet.  

What happens when another state directly sends us paperwork on a youth as a request to transfer jurisdiction?

Per ICJ Rule 4-101, no state shall permit the transfer of a Compact-eligible youth except as provided by the Compact and Rules, and that any youth not eligible for transfer under the Compact is not subject to ICJ rules. ICJ Rules expressly forbid the transfer of jurisdiction. ICJ Rules do not cover the actions to take when this is attempted by a state or county. When you receive these types of documents directly from another state, contact the Texas ICJ office. Upon receipt of information or documentation in a case like this, the ICJ office will: a) immediately notify the ICJ office of the youth’s home state and forward any information received; b) request that ICJ office contact the home county to advise them that this is not permitted and either submit a proper ICJ referral or concede to termination of probation and closure of the case. The ICJ office will enter the case for internal tracking purposes and give a one month deadline for a response from the sending state. The ICJ office will follow up with the sending state’s ICJ office at least bi-weekly for the month to get an update or response. At the end of the month, if the sending state ICJ office has not provided a response or taken action, the Texas ICJ office will close the case as it is not Compact eligible. We may open a new case should the sending state provide a proper referral through ICJ rules at a later date. We will keep you informed and let you know of any action you need to take.

 

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

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