CHAPTER 143
INTERSTATE COMPACT ON JUVENILES
[Prior to 7/1/83, Social Services[770] Ch 143]
[Prior to 2/11/87, Human Services[498]]
Preamble
Iowa Code section 232.171 authorizes the state of Iowa to enter into the interstate compact on juveniles and incorporates into the Iowa Code the 15 basic articles and optional amendments that govern the interstate compact for all participating parties. The department implements the interstate compact on juveniles and participates in the contractual agreement with the other 49 states, the District of Columbia or its designee, and the United States Virgin Islands. The contractual agreement allows the parties to cooperate on the interstate aspects of juvenile delinquency as well as the return from one state to another of nondelinquent children who have run away from home.
[ARC 6718C, IAB 11/30/22, effective 2/1/23]
441—143.1(232) Compact agreement. As a member of the interstate compact on juveniles, Iowa is in a contractual agreement with the other 49 states, the District of Columbia or its designee, and the United States Virgin Islands, in which the department of human services shall cooperate on interstate aspects of juvenile delinquency, and the return from one state to another of nondelinquent children who have run away from home.
[ARC 6718C, IAB 11/30/22, effective 2/1/23]
441—143.2(232) Compact administrator.
	143.2(1) The compact administrator may appoint a deputy compact administrator to serve as an active member of the interstate commission for juveniles and who shall be responsible for day-to-day operation of the interstate compact.
	143.2(2) The compact administrator shall be responsible for the administration of the compact between the compact administrator’s state and other contracting states.
[ARC 6718C, IAB 11/30/22, effective 2/1/23]
441—143.3(232) Sending a juvenile out of Iowa under the compact.
	143.3(1) Local officials requesting to transfer a juvenile to another state shall work through the office of the interstate compact administrator. All persons using the compact shall comply with the official rule and regulations promulgated by the compact administrator under authority of the compact.
	143.3(2) Interstate Compact for Juveniles Form VI, Application for Services and Waiver, shall be signed by the juvenile and parents or guardian, the Iowa juvenile court judge consenting to the placement in the receiving state, and the juvenile compact deputy.
	143.3(3) The Application for Services and Waiver shall have the conditions of the probation or parole as granted by the court of jurisdiction attached.
	143.3(4) Whenever a juvenile is accepted in another state for supervision, the Iowa sending agency shall send medical release and financial statements signed by the parents or guardian.
[ARC 6718C, IAB 11/30/22, effective 2/1/23]
441—143.4(232) Receiving cases in Iowa under the interstate compact.
	143.4(1) The department of human services shall accept supervision of out-of-state cases when a juvenile meets the requirements of the interstate compact.
	143.4(2) The department of human services shall exercise the same care and treatment that is given to Iowa cases, to notify the sending state promptly of any violations or antisocial behavior that may occur.
	143.4(3) No interstate juvenile shall be given permission to return to the sending state without obtaining permission from that state.
	143.4(4) The receiving state shall promptly upon parole or probation violation notify the sending state. Prior to making a recommendation for revocation of parole or probation, a preliminary hearing shall be held to determine if there is probable cause for revocation of parole or probation.
	143.4(5) A parolee or probationer from another state held or placed in Iowa under the provisions of article VII and who commits a felony while in Iowa shall be:
	a. 	Returned to the sending state per mutual agreement; or
	b. 	Processed according to the Iowa statutes and not returned to the sending state for violation.
441—143.5(232) Runaways.
	143.5(1) A runaway from Iowa or to Iowa shall be returned to the state of residence only after article VI setting forth the voluntary procedures or article IV setting forth the involuntary procedures has been completed by the asylum court of jurisdiction. Denial of these procedures by the asylum court as set forth in articles IV and VI abdicates the demanding jurisdiction of any responsibility for the return under the provisions of the compact.
	143.5(2) Any nondelinquent runaway from another state found in Iowa shall be held only in a nonrestrictive shelter facility until returned to the state of legal residence.
	143.5(3) Any nondelinquent runaway from another state found in Iowa may be held in a nonrestrictive shelter facility beyond 48 hours on issuance of a court order to permit arrangements for return to the home state or to permit the demanding state opportunity for issuance of a requisition under article IV.
	143.5(4) Any runaway from another state who is charged with a felony under Iowa Code chapter 232 may either be held in a secure setting until return to the state of legal residence or be adjudicated delinquent under Iowa Code chapter 232, placed on probation, and returned to the state of legal residence under article VII of the compact.
	143.5(5) Any adjudicated delinquent who has escaped or absconded from another state and has been apprehended as a nondelinquent runaway in Iowa may be held in a secure setting awaiting return to the demanding state under article V.
	143.5(6) The department shall pay for the return to Iowa of any runaway, escapee, or absconder for whom the department has, at the time the juvenile left the state, legal custody or guardianship responsibility. The responsibility for the payment for the return of a runaway, escapee, or absconder not under custody or guardianship of the department shall be that of the juvenile court having legal jurisdiction of the juvenile.
[ARC 6718C, IAB 11/30/22, effective 2/1/23]
These rules are intended to implement Iowa Code section 232.171.
[Filed 4/30/76, Notice 3/22/76—published 5/17/76, effective 6/21/76]
[Filed 12/9/76, Notice 11/3/76—published 12/29/76, effective 2/2/77]
[Filed 12/5/79, Notice 10/3/79—published 12/26/79, effective 1/30/80]
[Filed emergency 2/10/84—published 2/29/84, effective 2/10/84]
[Filed emergency 1/15/87—published 2/11/87, effective 1/15/87]
[Filed 2/14/02, Notice 12/26/01—published 3/6/02, effective 5/1/02]
[Filed ARC 6718C (Notice ARC 6510C, IAB 9/7/22), IAB 11/30/22, effective 2/1/23]