Interstate Compact

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_416/416_115.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON YOUTH AUTHORITY







 

DIVISION 115
INTERSTATE COMPACT

416-115-0010
Definitions
(1) Absconder: A juvenile on
probation or parole who hides, conceals, or absents him/herself with the intent
to avoid legal process or authorized control.
(2) Adjudicated Delinquent:
A person found to have committed an offense that, if committed by an adult, would
be a criminal offense.
(3) Deputy Juvenile Compact
Administrator: An Oregon Youth Authority employee appointed by the Director of the
Oregon Youth Authority to serve as the general coordinator of activities and rule
and policy development to carry out the terms and provisions of the ICJ.
(4) Escapee: A Juvenile who
has made an unauthorized flight from a facility or agency’s custody to which
the Juvenile has been committed by the court.
(5) Home State: The state where
the parent(s), guardian(s), person, or agency having legal custody of the juvenile
is residing or undertakes to reside.
(6) Interstate Compact for Juveniles
(ICJ): The agreement pertaining to the legally authorized transfer of supervision
and care, as well as the return of juveniles from one state to another, which has
been adopted by all member states that have enacted legislation in substantially
the same language.
(7) Juvenile: Any person within
the juvenile jurisdictional age limit of any court in the Home/Sending State, or
any individual adjudicated delinquent within the Home/Sending state and who remains
under custodial care or community supervision of the juvenile authority.
(8) Runaway: A child under the
juvenile jurisdictional age limit established by the state, who has run away from
his/her place of residence, without the consent of the parent, guardian, person,
or agency entitled to his/her legal custody.
(9) Sending State: A state which
has sent or is in the process of sending a juvenile to another state for supervision
under the provisions of the ICJ.
Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 417.010
- 417.080

Hist.: OYA 1-2007, f. &
cert. ef. 2-13-07; OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11; OYA 5-2012, f. &
cert. ef. 6-25-12
416-115-0020
Eligibility for Services through the
Interstate Compact for Juveniles
(1) Juveniles under juvenile
jurisdiction in the Sending State of any state that is a party to the ICJ are eligible
for services pursuant to the provisions of the ICJ.
(2) All Runaways, Absconders,
and Escapees are eligible for services pursuant to the provisions of the ICJ.
Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 417.010
- 417.080

Hist.: OYA 1-2007, f. &
cert. ef. 2-13-07; OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11
416-115-0025
Standards for Juvenile Interstate
Transfer of Supervision
The Oregon Youth Authority adopts by
this reference standards for the interstate transfer of Youth Offender supervision
and services set in the official ICJ rules, published by the Interstate Commission
for Juveniles, as updated to reflect all amendments through January 1, 2015. The
rules may be viewed at the Interstate Commission for Juveniles website at http://juvenilecompact.org/.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 417.010
- 417.080
Hist.: OYA 7-2011, f. 12-12-11,
cert. ef. 12-14-11; OYA 5-2012, f. & cert. ef. 6-25-12; OYA 3-2015(Temp), f.
& cert. ef. 8-5-15 thru 1-21-16; OYA 7-2015, f. & cert. ef. 10-7-15
4l6-115-0030
Administration of the
Interstate Compact for Juveniles
The Oregon Youth Authority (OYA)
Deputy Juvenile Compact Administrator will provide interpretation of the ICJ and
coordination of all referrals or requests to:
(1) Permit out-of-state supervision
of a juvenile who should be sent to another state when eligible for parole or probation;
(2) Permit out-of-state travel
for an Adjudicated Delinquent;
(3) Provide for the return of
Absconders and Escapees to the states they left;
(4) Provide for return of Runaways
to their Home States who have not as yet been adjudged delinquent;
(5) Extradite a juvenile who
has committed a serious criminal offense and fled to another state before the court
took jurisdiction; and
(6) Return juveniles to Oregon
when ICJ placement fails.
Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 417.010
- 417.080

Hist.: OYA 1-2007, f. &
cert. ef. 2-13-07; OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11; OYA 5-2012, f. &
cert. ef. 6-25-12

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