2007 California Welfare and Institutions Code Chapter 4. Interstate Compact On Juveniles

CA Codes (wic:1300-1308)

1300.  In addition to any other authority conferred upon him, the
Governor is authorized and may execute for, on behalf of, and in the
name of the State of California, a compact or agreement entitled,
"Interstate Compact on Juveniles," which compact or agreement, in
words and figures, is substantially as follows:

      INTERSTATE COMPACT ON JUVENILES

   The contracting states solemnly agree:

      Article I--Findings and Purposes

   That juveniles who are not under proper supervision and control,
or who have absconded, escaped or run away, are likely to endanger
their own health, morals and welfare, and the health, morals and
welfare of others.  The cooperation of the states party to this
compact is therefore necessary to provide for the welfare and
protection of juveniles and of the public with respect to (1)
cooperative supervision of delinquent juveniles on probation or
parole; (2) the return, from one state to another, of delinquent
juveniles who have escaped or absconded; (3) the return, from one
state to another, of nondelinquent juveniles who have run away from
home; and (4) additional measures for the protection of juveniles and
of the public, which any two or more of the party states may find
desirable to undertake cooperatively.  In carrying out the provisions
of this compact the party states shall be guided by the noncriminal,
reformative and protective policies which guide their laws
concerning delinquent, neglected or dependent juveniles generally.
It shall be the policy of the states party to this compact to
cooperate and observe their respective responsibilities for the
prompt return and acceptance of juveniles and delinquent juveniles
who become subject to the provisions of this compact.  The provisions
of this compact shall be reasonably and liberally construed to
accomplish the foregoing purposes.

      Article II--Existing Rights and Remedies

   That all remedies and procedures provided by this compact shall be
in addition to and not in substitution of other rights, remedies and
procedures, and shall not be in derogation of parental rights and
responsibilities.

      Article III--Definitions

   That, for the purposes of this compact, "delinquent juvenile"
means any juvenile who has been adjudged delinquent and who, at the
time the provisions of this compact are invoked, is still subject to
the jurisdiction of the court that has made such adjudication or to
the jurisdiction or supervision of an agency or institution pursuant
to an order of such court; "probation or parole" means any kind of
conditional release of juveniles authorized under the laws of the
states party hereto; "court" means any court having jurisdiction over
delinquent, neglected or dependent children; "state" means any
state, territory or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico; and "residence" or any
variant thereof means a place at which a home or regular place of
abode is maintained.

      Article IV--Return of Runaways

   (a) That the parent, guardian, person or agency entitled to legal
custody of a juvenile who has not been adjudged delinquent but who
has run away without the consent of such parent, guardian, person or
agency may petition the appropriate court in the demanding state for
the issuance of a requisition for his return.  The petition shall
state the name and age of the juvenile, the name of the petitioner
and the basis of entitlement to the juvenile's custody, the
circumstances of his running away, his location if known at the time
application is made, and such other facts as may tend to show that
the juvenile who has run away is endangering his own welfare or the
welfare of others and is not an emancipated minor.  The petition
shall be verified by affidavit, shall be executed in duplicate, and
shall be accompanied by two certified copies of the document or
documents on which the petitioner's entitlement to the juvenile's
custody is based, such as birth certificates, letters of
guardianship, or custody decrees.  Such further affidavits and other
documents as may be deemed proper may be submitted with such
petition.  The judge of the court to which this application is made
may hold a hearing thereon to determine whether for the purposes of
this compact the petitioner is entitled to the legal custody of the
juvenile, whether or not it appears that the juvenile has in fact run
away without consent, whether or not he is an emanicpated minor, and
whether or not it is in the best interest of the juvenile to compel
his return to the state.  If the judge determines, either with or
without a hearing, that the juvenile should be returned, he shall
present to the appropriate court or to the executive authority of the
state where the juvenile is alleged to be located a written
requisition for the return of such juvenile.  Such requisition shall
set forth the name and age of the juvenile, the determination of the
court that the juvenile has run away without the consent of a parent,
guardian, person or agency entitled to his legal custody, and that
it is in the best interest and for the protection of such juvenile
that he be returned.  In the event that a proceeding for the
adjudication of the juvenile as a delinquent, neglected or dependent
juvenile is pending in the court at the time when such juvenile runs
away, the court may issue a requisition for the return of such
juvenile upon its own motion, regardless of the consent of the
parent, guardian, person or agency entitled to legal custody,
reciting therein the nature and circumstances of the pending
proceeding.  The requisition shall in every case be executed in
duplicate and shall be signed by the judge.  One copy of the
requisition shall be filed with the compact administrator of the
demanding state, there to remain on file subject to the provisions of
law governing records of such court.  Upon the receipt of a
requisition demanding the return of a juvenile who has run away, the
court or the executive authority to whom the requisition is addressed
shall issue an order to any peace officer or other appropriate
person directing him to take into custody and detain such juvenile.
Such detention order must substantially recite the facts necessary to
the validity of its issuance hereunder.  No juvenile detained upon
such order shall be delivered over to the officer whom the court
demanding him shall have appointed to receive him, unless he shall
first be taken forthwith before a judge of a court in the state, who
shall inform him of the demand made for his return, and who may
appoint counsel or guardian ad litem for him.  If the judge of such
court shall find that the requisition is in order, he shall deliver
such juvenile over to the officer whom the court demanding him shall
have appointed to receive him.  The judge, however, may fix a
reasonable time to be allowed for the purpose of testing the legality
of the proceeding.
   Upon reasonable information that a person is a juvenile who has
run away from another state party to this compact without the consent
of a parent, guardian, person or agency entitled to his legal
custody, such juvenile may be taken into custody without a
requisition and brought forthwith before a judge of the appropriate
court who may appoint counsel or guardian ad litem for such juvenile
and who shall determine after a hearing whether sufficient cause
exists to hold the person, subject to the order of the court, for his
own protection and welfare, for such a time not exceeding 90 days as
will enable his return to another state party to this compact
pursuant to a requisition for his return from a court of that state.
If, at the time when a state seeks the return of a juvenile who has
run away, there is pending in the state wherein he is found any
criminal charge, or any proceeding to have him adjudicated a
delinquent juvenile for an act committed in such state, or if he is
suspected of having committed within such state a criminal offense or
an act of juvenile delinquency, he shall not be returned without the
consent of such state until discharged from prosecution or other
form of proceeding, imprisonment, detention or supervision for such
offense or juvenile delinquency.  The duly accredited officers of any
state party to this compact, upon the establishment of their
authority and the identity of the juvenile being returned, shall be
permitted to transport such juvenile through any and all states party
to this compact, without interference.  Upon his return to the state
from which he ran away, the juvenile shall be subject to such
further proceedings as may be appropriate under the laws of that
state.
   (b) That the state to which a juvenile is returned under this
article shall be responsible for payment of the transportation costs
of such return.
   (c) That "juvenile" as used in this article means any person who
is a minor under the law of the state of residence of the parent,
guardian, person or agency entitled to the legal custody of such
minor.

      Article V--Return of Escapees and Absconders

   (a) That the appropriate person or authority from whose probation
or parole supervision a delinquent juvenile has absconded or from
whose institutional custody he has escaped shall present to the
appropriate court or to the executive authority of the state where
the delinquent juvenile is alleged to be located a written
requisition for the return of such delinquent juvenile.  Such
requisition shall state the name and age of the delinquent juvenile,
the particulars of his adjudication as a delinquent juvenile, the
circumstances of the breach of the terms of his probation or parole
or of his escape from an institution or agency vested with his legal
custody or supervision, and the location of such delinquent juvenile,
if known, at the time the requisition is made.  The requisition
shall be verified by affidavit, shall be executed in duplicate, and
shall be accompanied by two certified copies of the judgment, formal
adjudication, or order of commitment which subjects such delinquent
juvenile to probation or parole or to the legal custody of the
institution or agency concerned.  Such further affidavits and other
documents as may be deemed proper may be submitted with such
requisition.  One copy of the requisition shall be filed with the
compact administrator of the demanding state, there to remain on file
subject to the provisions of law governing records of the
appropriate court.  Upon the receipt of a requisition demanding the
return of a delinquent juvenile who has absconded or escaped, the
court or the executive authority to whom the requisition is addressed
shall issue an order to any peace officer or other appropriate
person directing him to take into custody and detain such delinquent
juvenile.  Such detention order must substantially recite the facts
necessary to the validity of its issuance hereunder.  No delinquent
juvenile detained upon such order shall be delivered over to the
officer whom the appropriate person or authority demanding him shall
have appointed to receive him, unless he shall first be taken
forthwith before a judge of an appropriate court in the state, who
shall inform him of the demand made for his return and who may
appoint counsel or guardian ad litem for him.  If the judge of such
court shall find that the requisition is in order, he shall deliver
such delinquent juvenile over to the officer whom the appropriate
person or authority demanding him shall have appointed to receive
him.  The judge, however, may fix a reasonable time to be allowed for
the purpose of testing the legality of the proceeding.
   Upon reasonable information that a person is a delinquent juvenile
who has absconded while on probation or parole, or escaped from an
institution or agency vested with his legal custody or supervision in
any state party to this compact, such person may be taken into
custody in any other state party to this compact without a
requisition.  But in such event, he must be taken forthwith before a
judge of the appropriate court, who may appoint counsel or guardian
ad litem for such person and who shall determine, after a hearing,
whether sufficient cause exists to hold the person subject to the
order of the court for such a time, not exceeding 90 days, as will
enable his detention under a detention order issued on a requisition
pursuant to this article.  If, at the time when a state seeks the
return of a delinquent juvenile who has either absconded while on
probation or parole or escaped from an institution or agency vested
with his legal custody or supervision, there is pending in the state
wherein he is detained any criminal charge or any proceeding to have
him adjudicated a delinquent juvenile for an act committed in such
state, or if he is suspected of having committed within such state a
criminal offense or an act of juvenile delinquency, he shall not be
returned without the consent of such state until discharged from
prosecution or other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency.  The duly
accredited officers of any state party to this compact, upon the
establishment of their authority and the identity of the delinquent
juvenile being returned, shall be permitted to transport such
delinquent juvenile through any and all states party to this compact,
without interference.  Upon his return to the state from which he
escaped or absconded, the delinquent juvenile shall be subject to
such further proceedings as may be appropriate under the laws of that
state.
   (b) That the state to which a delinquent juvenile is returned
under this article shall be responsible for payment of the
transportation costs of such return.

      Article VI--Voluntary Return Procedure

   That any delinquent juvenile who has absconded while on probation
or parole, or escaped from an institution or agency vested with his
legal custody or supervision in any state party to this compact, and
any juvenile who has run away from any state party to this compact,
who is taken into custody without a requisition in another state
party to this compact under the provisions of Article IV(a) or of
Article V(a), may consent to his immediate return to the state from
which he absconded, escaped or ran away.  Such consent shall be given
by the juvenile or delinquent juvenile and his counsel or guardian
ad litem, if any, by executing or subscribing a writing, in the
presence of a judge of the appropriate court, which states that the
juvenile or delinquent juvenile and his counsel or guardian ad litem,
if any, consent to his return to the demanding state.  Before such
consent shall be executed or subscribed, however, the judge, in the
presence of counsel or guardian ad litem, if any, shall inform the
juvenile or delinquent juvenile of his rights under this compact.
When the consent has been duly executed, it shall be forwarded to and
filed with the compact administrator of the state in which the court
is located and the judge shall direct the officer having the
juvenile or delinquent juvenile in custody to deliver him to the duly
accredited officer or officers of the state demanding his return,
and shall cause to be delivered to such officer or officers a copy of
the consent.  The court may, however, upon the request of the state
to which the juvenile or delinquent juvenile is being returned, order
him to return unaccompanied to such state and shall provide him with
a copy of such court order; in such event a copy of the consent
shall be forwarded to the compact administrator of the state to which
said juvenile or delinquent juvenile is ordered to return.

      Article VII--Cooperative Supervision of Probationers and
Parolees

   (a) That the duly constituted judicial and administrative
authorities of a state party to this compact (herein called "sending
state") may permit any delinquent juvenile within such state, placed
on probation or parole, to reside in any other state party to this
compact (herein called "receiving state") while on probation or
parole, and the receiving state shall accept such delinquent
juvenile, if the parent, guardian or person entitled to the legal
custody of such delinquent juvenile is residing or undertakes to
reside within the receiving state.  Before granting such permission,
opportunity shall be given to the receiving state to make such
investigations as it deems necessary.  The authorities of the sending
state shall send to the authorities of the receiving state copies of
pertinent court orders, social case studies and all other available
information which may be of value to and assist the receiving state
in supervising a probationer or parolee under this compact.  A
receiving state, in its discretion, may agree to accept supervision
of a probationer or parolee in cases where the parent, guardian or
person entitled to the legal custody of the delinquent juvenile is
not a resident of the receiving state, and if so accepted the sending
state may transfer supervision accordingly.
   (b) That each receiving state will assume the duties of visitation
and of supervision over any such delinquent juvenile and in the
exercise of those duties will be governed by the same standards of
visitation and supervision that prevail for its own delinquent
juveniles released on probation or parole.
   (c) That, after consultation between the appropriate authorities
of the sending state and of the receiving state as to the
desirability and necessity of returning such a delinquent juvenile,
the duly accredited officers of a sending state may enter a receiving
state and there apprehend and retake any such delinquent juvenile on
probation or parole.  For that purpose, no formalities will be
required, other than establishing the authority of the officer and
the identity of the delinquent juvenile to be retaken and returned.
The decision of the sending state to retake a delinquent juvenile on
probation or parole shall be conclusive upon and not reviewable
within the receiving state, but if, at the time the sending state
seeks to retake a delinquent juvenile on probation or parole, there
is pending against him within the receiving state any criminal charge
or any proceeding to have him adjudicated a delinquent juvenile for
any act committed in such state, or if he is suspected of having
committed within such state a criminal offense or an act of juvenile
delinquency, he shall not be returned without the consent of the
receiving state until discharged from prosecution or other form of
proceeding, imprisonment, detention or supervision for such offense
or juvenile delinquency.  The duly accredited officers of the sending
state shall be permitted to transport delinquent juveniles being so
returned through any and all states party to this compact, without
interference.
   (d) That the sending state shall be responsible under this article
for paying the costs of transporting any delinquent juvenile to the
receiving state or of returning any delinquent juvenile to the
sending state.

      Article VIII--Responsibility for Costs

   (a) That the provisions of Articles IV(b), V(b) and VII(d) of this
compact shall not be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in
the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities
therefor.
   (b) That nothing in this compact shall be construed to prevent any
party state or subdivision thereof from asserting any right against
any person, agency or other entity in regard to costs for which such
party state or subdivision thereof may be responsible pursuant to
Article IV(b), V(b) or VII(d) of this compact.

      Article IX--Detention Practices

   That, to every extent possible, it shall be the policy of states
party to this compact that no juvenile or delinquent juvenile shall
be placed or detained in any prison, jail or lockup nor be detained
or transported in association with criminal, vicious or dissolute
persons.

      Article X--Supplementary Agreements

   That the duly constituted administrative authorities of a state
party to this compact may enter into supplementary agreements with
any other state or states party hereto for the cooperative care,
treatment and rehabilitation of delinquent juveniles whenever they
shall find that such agreements will improve the facilities or
programs available for such care, treatment and rehabilitation.  Such
care, treatment and rehabilitation may be provided in an institution
located within any state entering into such supplementary agreement.
  Such supplementary agreements shall (1) provide the rates to be
paid for the care, treatment and custody of such delinquent
juveniles, taking into consideration the character of facilities,
services and subsistence furnished; (2) provide that the delinquent
juvenile shall be given a court hearing prior to his being sent to
another state for care, treatment and custody; (3) provide that the
state receiving such a delinquent juvenile in one of its institutions
shall act solely as agent for the state sending such delinquent
juvenile; (4) provide that the sending state shall at all times
retain jurisdiction over delinquent juveniles sent to an institution
in another state; (5) provide for reasonable inspection of such
institutions by the sending state; (6) provide that the consent of
the parent, guardian, person or agency entitled to the legal custody
of said delinquent juvenile shall be secured prior to his being sent
to another state; and (7) make provision for such other matters and
details as shall be necessary to protect the rights and equities of
such delinquent juveniles and of the cooperating states.

      Article XI--Acceptance of Federal and Other Aid

   That any state party to this compact may accept any and all
donations, gifts and grants of money, equipment and services from the
federal or any local government, or any agency thereof and from any
person, firm or corporation, for any of the purposes and functions of
this compact, and may receive and utilize the same subject to the
terms, conditions and regulations governing such donations, gifts and
grants.

      Article XII--Compact Administrators

   That the governor of each state party to this compact shall
designate an officer who, acting jointly with like officers of other
party states, shall promulgate rules and regulations to carry out
more effectively the terms and provisions of this compact.

      Article XIII--Execution of Compact

   That this compact shall become operative immediately upon its
execution by any state as between it and any other state or states so
executing.  When executed it shall have the full force and effect of
law within such state, the form of execution to be in accordance
with the laws of the executing state.

      Article XIV--Renunciation

   That this compact shall continue in force and remain binding upon
each executing state until renounced by it.  Renunciation of this
compact shall be by the same authority which executed it, by sending
six months' notice in writing of its intention to withdraw from the
compact to the other states party hereto.  The duties and obligations
of a renouncing state under Article VII hereof shall continue as to
parolees and probationers residing therein at the time of withdrawal
until retaken or finally discharged.  Supplementary agreements
entered into under Article X hereof shall be subject to renunciation
as provided by such supplementary agreements, and shall not be
subject to the six months' renunciation notice of the present
article.

      Article XV--Severability

   That the provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is declared to
be contrary to the constitution of any participating state or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected
thereby.  If this compact shall be held contrary to the constitution
of any state participating therein, the compact shall remain in full
force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.



1300.3.  The Out-of-state Confinement Amendment to the Interstate
Compact on Juveniles is hereby enacted into law and entered into by
this state with all other states legally joining therein in the law
substantially as follows:
   (a) Whenever the duly constituted judicial or administrative
authorities in a sending state shall determine that confinement of a
probationer or reconfinement of a parolee is necessary or desirable,
said officials may direct that the confinement or reconfinement be in
an appropriate institution for delinquent juveniles within the
territory of the receiving state, such receiving state to act in that
regard solely as agent for the sending state.
   (b) Escapees and absconders who would otherwise be returned
pursuant to Article V of the compact may be confined or reconfined in
the receiving state pursuant to this amendment.  In any such case
the information and allegations required to be made and furnished in
a requisition pursuant to such article shall be made and furnished,
but in place of the demand pursuant to Article V, the sending state
shall request confinement or reconfinement in the receiving state.
Whenever applicable, detention orders as provided in Article V may be
employed pursuant to this paragraph preliminary to disposition of
the escapee or absconder.
   (c) The confinement or reconfinement of a parolee, probationer,
escapee, or absconder pursuant to this amendment shall require the
concurrence of the appropriate judicial or administrative authorities
of the receiving state.
   (d) As used in this amendment:  (1) "sending state" means sending
state as that term is used in Article VII of the compact or the state
from which a delinquent juvenile has escaped or absconded within the
meaning of Article V of the compact; (2) "receiving state" means any
state, other than the sending state, in which a parolee,
probationer, escapee, or absconder may be found, provided that said
state is a party to this amendment.
   (e) Every state which adopts this amendment shall designate at
least one of its institutions for delinquent juveniles as a "compact
institution" and shall confine persons therein as provided in
paragraph (a) hereof unless the sending and receiving state in
question shall make specific contractual arrangements to the
contrary.  All states party to this amendment shall have access to
"compact institutions" at all reasonable hours for the purpose of
inspecting the facilities thereof and for the purpose of visiting
such of said state's delinquents as may be confined in the
institution.
   (f) Persons confined in "compact institutions" pursuant to the
terms of this compact shall at all times be subject to the
jurisdiction of the sending state and may at any time be removed from
said "compact institution" for transfer to an appropriate
institution within the sending state, for return to probation or
parole, for discharge, or for any purpose permitted by the laws of
the sending state.
   (g) All persons who may be confined in a "compact institution"
pursuant to the provisions of this amendment shall be treated in a
reasonable and humane manner.  The fact of confinement or
reconfinement in a receiving state shall not deprive any person so
confined or reconfined of any rights which said person would have had
if confined or reconfined in an appropriate institution of the
sending state; nor shall any agreement to submit to confinement or
reconfinement pursuant to the terms of this amendment be construed as
a waiver of any rights which the delinquent would have had if he had
been confined or reconfined in any appropriate institution of the
sending state except that the hearing or hearings, if any, to which a
parolee, probationer, escapee, or absconder may be entitled (prior
to confinement or reconfinement) by the laws of the sending state may
be had before the appropriate judicial or administrative officers of
the receiving state.  In this event, said judicial and
administrative officers shall act as agents of the sending state
after consultation with appropriate officers of the sending state.
   (h) Any receiving state incurring costs or other expenses under
this amendment shall be reimbursed in the amount of such costs or
other expenses by the sending state unless the states concerned shall
specifically otherwise agree.  Any two or more states party to this
amendment may enter into supplementary agreements determining a
different allocation of costs as among themselves.
   (i) This amendment shall take initial effect when entered into by
any two or more states party to the compact and shall be effective as
to those states which have specifically enacted this amendment.
Rules and regulations necessary to effectuate the terms of this
amendment may be promulgated by the appropriate officers of those
states which have enacted this amendment.




1300.4.  The Rendition Amendment to the Interstate Compact on
Juveniles is hereby enacted into law and entered into by this state
with all other states legally joining therein in the law
substantially as follows:
   (a) This amendment shall provide additional remedies and shall be
binding only as among and between those party states which
specifically execute the same.
   (b) All provisions and procedures of Article V and VI of the
Interstate Compact on Juveniles shall be construed to apply to any
juvenile charged with being a delinquent by reason of a violation of
any criminal law.  Any juvenile, charged with being a delinquent by
reason of violating any criminal law, shall be returned to the
requesting state upon a requisition to the state where the juvenile
may be found.  A petition in such case shall be filed in a court of
competent jurisdiction in the requesting state where the violation of
criminal law is alleged to have been committed.  The petition may be
filed regardless of whether the juvenile has left the state before
or after the filing of the petition.  The requisition described in
Article V of the compact shall be forwarded by the judge of the court
in which the petition has been filed.



1300.5.  In addition to any institution in which the authorities of
this state may otherwise confine or order the confinement of a
delinquent juvenile, such authorities may, pursuant to the
Out-of-state Confinement Amendment to the Interstate Compact on
Juveniles, confine or order the confinement of a delinquent juvenile
in a compact institution within another party state.



1301.  Pursuant to the compact, the Governor may designate an
officer who shall be the compact administrator and who, acting
jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms of the
compact.  The compact administrator shall serve at the pleasure of
the Governor.



1302.  The compact administrator shall cooperate with all
departments, agencies and officers of this State and its subdivisions
in facilitating the proper administration of the compact or of any
supplementary agreement or agreements entered into by this State
thereunder.



1303.  The compact administrator may enter into supplementary
agreements with appropriate officials of other states pursuant to the
compact.  In the event that such supplementary agreement shall
require or contemplate the use of any institution or facility of this
State or require or contemplate the provision of any service by this
State, it shall have no force or effect until approved by the head
of the department or agency under whose jurisdiction the institution
or facility is operated or whose department or agency will be charged
with the rendering of such service.



1304.  The compact administrator, subject to the approval of the
Department of Finance, may make or arrange for any payments necessary
to discharge any financial obligations imposed upon this State by
the compact or by any supplementary agreement entered into
thereunder.



1305.  Any judge who appoints counsel or a guardian ad litem
pursuant to the provisions of the compact may fix a fee in a
reasonable amount, to be paid out of funds available for disposition
by the court.


1306.  The courts, departments, agencies, and officers of this State
and its subdivisions shall enforce this compact and shall do all
things appropriate to the effectuation of its purposes and intent
which may be within their respective jurisdictions.




1307.  The term "delinquent juvenile" as used in the Interstate
Compact on Juveniles shall include those persons subject to the
jurisdiction of the juvenile court within the meaning of Section 602
of this code.


1308.  All provisions of law in conflict with this chapter shall be
inoperative so long as the compact or agreement executed under the
provisions of this chapter is operative.