Archive

• When Juvenile Justice Matters Cross State Lines: The Interstate Compact for Juveniles (ICJ)

  This entry was contributed by Jacquelyn Greene on January 23, 2024 at 9:34 am and is filed under Juvenile Justice, Juvenile Law.

  Imagine a case involving a juvenile who lives in North Carolina and is in secure custody because of a charge of an act of delinquency in New York comes across your desk. You look to the Juvenile Code to read the statute that governs interstate issues. You find Article 40 of Chapter 7B, “Interstate Compact for Juveniles.” But, after reading Article 40, you realize that there is no statutory guidance regarding the actual procedure in the case.  Where do you turn? The law regarding interstate matters in juvenile justice cases is perhaps the best kept secret in juvenile law. The actual substance can only be found in the Rules promulgated by the Interstate Commission for Juveniles. Continue Reading

• The ICPC Applies to an Out-of-State Placement with a Relative in an A/N/D Case, But Is There More to Consider?

  This entry was contributed by Sara DePasquale on August 24, 2018 at 4:39 pm and is filed under Child Welfare Law.

  A child has been adjudicated by the district court as abused, neglected, and/or dependent. At the dispositional phase of the case, the trial court determines it is in the child’s best interest to place that child with a relative. In fact, the court is required to give a relative priority when making an out-of-home placement. See G.S. 7B-903(a1). The relative, however, lives in another state. The placement must be made in accordance with the Interstate Compact on the Placement of Children (ICPC). Id. The Court of Appeals recently addressed whether the ICPC applied to an out-of-state relative placement in In re J.D.M.-J., ___ N.C. App. ___ (June 18, 2018). Continue Reading

• What the Interstate Compact Rules Say About Out-of-State Runaways

  This entry was contributed by LaToya Powell on March 16, 2016 at 1:58 pm and is filed under Juvenile Law.

  When a juvenile runs from North Carolina to another state or to North Carolina from another state, interstate procedures apply to facilitate the juvenile’s safe return to his or her home state. Recently, law enforcement officials in multiple North Carolina counties have encountered out-of-state runaways and yesterday, this topic appeared on one of the School of Government monitored listservs. So, it seems like a good time to review what the Interstate Compact for Juveniles says about the legal process for returning these children to their homes. Continue Reading

• A/N/D, ICPC, and Out-of-State Parents: Say What?

  This entry was contributed by Sara DePasquale on September 25, 2015 at 6:14 am and is filed under Child Welfare Law.

  If the juvenile court or county department intends to place a child in an abuse, neglect, and dependency (A/N/D) case with a parent who lives outside of North Carolina, does the Interstate Compact on the Placement of Children (ICPC) apply? Continue Reading