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Oregon Bulletin

January 1, 2012

 

Oregon Youth Authority
Chapter 416

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Rules Repealed: 416-115-0000, 416-115-0040, 416-115-0050, 416-115-0060, 416-115-0070, 416-115-0080, 416-115-0090, 416-115-0100, 416-115-0110, 416-115-0120, 416-115-0130,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.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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