Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,731
10639-10789 p. ; 28 cm.View a full description of this periodical.
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(2) ensure that the Directive is entered on National Crime
Information Center (NCIC); and
(3) forward a copy to the Texas ICJ office.
(i) The ICJ offices will close the interstate compact case files
on the youth. The receiving state cannot supervise a youth if his/her
whereabouts are unknown.
117.5. Exception - Emergency Home Evaluations (Article VII,
NAJCA).
(a) When an emergency situation exists, referral information
along with an explanation of the nature of the emergency shall be
provided to the Texas ICJ office as expeditiously as possible.
(b) The Texas ICJ office will contact the receiving state's
ICJ office to request an emergency home investigation. Most states
and jurisdictions will conduct emergency home investigations on a
limited basis.
117.7. Terminations/Discharges (Article VII, NAJCA).
(a) A sending probation department should seek early release
of a youth's probation term only after consulting with the supervising
agent in the receiving state.
(b) The court order terminating the juvenile's probation must
be forwarded to the Texas ICJ office, in triplicate, so that the interstate
file in both states and the supervising officer's file may be closed.
(c) When the sending juvenile probation department deter-
mines to extend a youth's probation, three copies of the new court
order must be forwarded to the Texas ICJ office to ensure that ser-
vices are not interrupted.
(d) Extending probation for the sole purpose of collecting
restitution is not considered justification in accordance with the rules
of the Association of Juvenile Compact Administrators (AJCA). The
AJCA recommends that community service restitution be substituted
for youth permitted to live in another state, (AJCA Rules and
Regulations 3-105).
(e) Sending states shall not terminate/discharge youth who
violate probation in lieu of returning their juveniles without autho-
rization of receiving state.
117.9. Cooperative Supervision - Texas Juvenile Probation De-
partments Supervising Youth from other States (Article VII, NAJCA).
(a) Upon receipt of a request from another state for a home
investigation and cooperative supervision for a youth on probation,
the deputy administrator of ICJ will assign the case to the appropriate
Texas juvenile probation department.
(b) The Texas juvenile probation shall not recommend for
rejection of the request:
(1) when the proposed placement is with a custodial
parent/legal guardian unless extenuating circumstances exist (i.e.,
victim in the home).
(2) on the basis that the youth is over age 17. The age at
which persons are considered adults by criminal law in the receiving
state should be mentioned in the home investigation but supervision
shall not be rejected based solely on age.
(3) on the basis that the youth's offense is not considered
delinquent conduct in Texas.(c) Based on the home evaluation and juvenile probation
officer's recommendation, the deputy administrator of ICJ will make
the decision as the state authority, to accept or reject placement of
youth in Texas.
(d) Youth placed in Texas under the ICJ shall not be charged
a supervision fee by either the sending or receiving states.
(e) Interstate youth shall be supervised by the same standards
set for Texas youth on probation. The receiving state will determine
the type and quality of supervision. Age and duration are determined
by the sending state. Any court-ordered specialized evaluation and
treatment requirement costs shall be borne by the sending state,
(AJCA Rules and Regulations 3-102).
(f) The receiving Texas juvenile probation officer shall
submit quarterly progress reports to the deputy administrator of ICJ.
The Texas ICJ office will forward the report to the sending ICJ officer;
who will forward it to the sending juvenile probation officer.
(g) Texas juvenile probation officers may recommend dis-
charge in the quarterly report but may not terminate a youth's pro-
bation. Only the sending state shall discharge/terminate its juveniles,
except in cases of expiration of court order, (AJCA Rules and Reg-
ulations 3-105).
(h) Texas juvenile probation departments are responsible for
reconciling ICJ caseload reports with actual caseload on a quarterly
basis. Any discrepancies must be communicated to the Texas ICJ
deputy administrator.
117.11. Voluntary Consent to Return (Article VI, NAJCA).
(a) Delinquent or non-delinquent runaways who voluntarily
agree to return to their home state or state of legal jurisdiction shall be
returned under Article VI. For the purpose of Article VI, Voluntary
Consent to Return, form III, must to be used.
(b) The juvenile shall be taken into custody, and taken before
a judge who has juvenile jurisdiction, who shall advise the juvenile
of his/her rights. The judge may appoint counsel or a guardian ad
litem. The juvenile shall be asked to sign a consent to return. If the
juvenile consents to voluntarily return, the Form III is signed by the
juvenile, attorney or guardian ad litem (if applicable), and the judge.
The judge then orders the juvenile to return to his/her home state with
or without escort, in keeping with the home state's return procedures.
(c) No juvenile charged with violent offenses or who is
considered dangerous to him/herself and/or others shall be returned
unescorted.
(d) Three signed copies of the form III shall be forwarded
to the holding state's ICJ office for distribution to the home state or
state of legal jurisdiction.
(e) The state to which the juvenile is returned shall be
responsible for the costs of and making transportation arrangements
within five working days of being notified by the asylum state's ICJ
office that form III has been signed.
(f) The Texas ICJ office will bear the costs of returning Texas
non-delinquent and delinquent runaways when it is determined that
the responsible party is financially unable to do so.
(g) All pending charges in the holding state must be disposed
of prior to a youth's return.PROPOSED RULES October 29, 1996 21 TexReg 10731
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Texas. Secretary of State. Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996, periodical, October 29, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182324/m1/93/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.