Oregon Bulletin
Rule
Caption: OYA adopts standards set by the
ICJ for interstate transfer of youth offender supervision and services.
Adm.
Order No.: OYA 7-2011
Filed with Sec. of
State: 12-12-2011
Certified to be
Effective: 12-14-11
Notice Publication
Date: 8-1-2011
Rules Adopted: 416-115-0025
Rules Amended: 416-115-0010, 416-115-0020, 416-115-0030
Rules Repealed: 416-115-0000, 416-115-0040, 416-115-0050,
416-115-0060, 416-115-0070, 416-115-0080, 416-115-0090, 416-115-0100,
416-115-0110, 416-115-0120, 416-115-0130, 416-115-0140, 416-115-0150,
416-115-0160, 416-115-0170, 416-115-0180, 416-115-0190, 416-115-0200,
416-115-0210, 416-115-0220, 416-115-0230, 416-115-0240, 416-115-0250,
416-115-0260, 416-115-0270, 416-115-0280
Subject: The Oregon Youth Authority adopts by 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 February 4, 2011.
OYA is repealing rules that were adopted prior to those set in the official ICJ
rules.
Rules Coordinator: Winifred Skinner—(503) 373-7570
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 Compact Administrator: The Oregon Youth
Authority Assistant Director of Community Services, 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
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 February 4, 2011.
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
416-115-0030
Administration of the Interstate
Compact for Juveniles
The Oregon Youth Authority (OYA) Deputy 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
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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