2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.171 - INTERSTATE JUVENILE COMPACTS.

        232.171  INTERSTATE JUVENILE COMPACTS.
         The state of Iowa through its courts and agencies is hereby
      authorized to enter into interstate compacts on juveniles in behalf
      of this state with any other contracting state which legally joins
      therein in substantially the following form and the contracting
      states solemnly agree:
         1.  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
         a.  Cooperative supervision of delinquent juveniles on
      probation or parole;
         b.  The return, from one state to another, of delinquent
      juveniles who have escaped or absconded;
         c.  The return, from one state to another, of nondelinquent
      juveniles who have run away from home; and
         d.  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.
         2.  Article II -- Existing rights and remedies.  That all
      remedies and procedures provided by this compact shall be in addition
      to and not in substitution for other rights, remedies and procedures,
      and shall not be in derogation of parental rights and
      responsibilities.
         3.  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.
         4.  Article IV -- Return of runaways.
         a. (1)  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 the juvenile's 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 the juvenile's running away, the
      juvenile's 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 the juvenile's 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 the juvenile is an emancipated minor, and
      whether or not it is in the best interest of the juvenile to compel
      the juvenile's return to the state.  If the judge determines, either
      with or without a hearing, that the juvenile should be returned, the
      judge 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 the
      juvenile's legal custody, and that it is in the best interest and for
      the protection of such juvenile that the juvenile 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 the officer or person 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 the juvenile
      shall have appointed to receive the juvenile, unless the juvenile
      shall first be taken forthwith before a judge of a court in the
      state, who shall inform the juvenile of the demand made for the
      juvenile's return, and who may appoint counsel or guardian ad litem
      for the juvenile.  If the judge of such court shall find that the
      requisition is in order, the judge shall deliver such juvenile over
      to the officer whom the court demanding the juvenile shall have
      appointed to receive the juvenile.  The judge, however, may fix a
      reasonable time to be allowed for the purpose of testing the legality
      of the proceeding.
         (2)  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 the
      juvenile's 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 the person's own protection and welfare, for such a
      time not exceeding ninety days as will enable the person's return to
      another state party to this compact pursuant to a requisition for the
      person's 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 the juvenile is found any criminal
      charge, or any proceeding to have the juvenile adjudicated a
      delinquent juvenile for an act committed in such state, or if the
      juvenile is suspected of having committed within such state a
      criminal offense or an act of juvenile delinquency, the juvenile
      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 the juvenile's return to the state from which the
      juvenile 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.
         5.  Article V -- Return of escapees and absconders.
         a. (1)  That the appropriate person or authority from whose
      probation or parole supervision a delinquent juvenile has absconded
      or from whose institutional custody the delinquent juvenile 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 the juvenile's adjudication
      as a delinquent juvenile, the circumstances of the breach of the
      terms of the juvenile's probation or parole or of the juvenile's
      escape from an institution or agency vested with the juvenile's 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
      the officer or person 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 the
      juvenile shall have appointed to receive the juvenile, unless the
      juvenile shall first be taken forthwith before a judge of an
      appropriate court in the state, who shall inform the juvenile of the
      demand made for the juvenile's return and who may appoint counsel or
      guardian ad litem for the juvenile.  If the judge of such court shall
      find that the requisition is in order, the judge shall deliver such
      delinquent juvenile over to the officer whom the appropriate person
      or authority demanding the juvenile shall have appointed to receive
      the juvenile.  The judge, however, may fix a reasonable time to be
      allowed for the purpose of testing the legality of the proceeding.
         (2)  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 the person's 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, the person 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 ninety days,
      as will enable the person's 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 the juvenile's legal custody or supervision,
      there is pending in the state wherein the juvenile is detained any
      criminal charge or any proceeding to have the juvenile adjudicated a
      delinquent juvenile for an act committed in such state, or if the
      juvenile is suspected of having committed within such state a
      criminal offense or an act of juvenile delinquency, the juvenile
      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 the juvenile's return to
      the state from which the juvenile 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.
         6.  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 the juvenile's
      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, paragraph
      "a", or of article V, paragraph "a", may consent to the
      juvenile's immediate return to the state from which the juvenile
      absconded, escaped or ran away.  Such consent shall be given by the
      juvenile or delinquent juvenile and the juvenile's 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 the juvenile's counsel or
      guardian ad litem, if any, consent to the juvenile's 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 the juvenile's 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 the juvenile to the duly
      accredited officer or officers of the state demanding the juvenile's
      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 the juvenile to return unaccompanied to such state and shall
      provide the juvenile 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.
         7.  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 the juvenile within the receiving state any
      criminal charge or any proceeding to have the juvenile adjudicated a
      delinquent juvenile for any act committed in such state, or if the
      juvenile is suspected of having committed within such state a
      criminal offense or an act of juvenile delinquency, the juvenile
      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.
         8.  Article VIII -- Responsibility for costs.
         a.  That the provisions of article IV, paragraph "b",
      article V, paragraph "b", and article VII, paragraph "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, paragraph "b", article V, paragraph
      "b", or article VII, paragraph "d" of this compact.
         9.  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.
         10.  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:
         a.  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;
         b.  Provide that the delinquent juvenile shall be given a
      court hearing prior to the juvenile being sent to another state for
      care, treatment and custody;
         c.  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;
         d.  Provide that the sending state shall at all times retain
      jurisdiction over delinquent juveniles sent to an institution in
      another state;
         e.  Provide for reasonable inspection of such institutions by
      the sending state;
         f.  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 the juvenile being sent to another state;
      and
         g.  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.
         11.  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.
         12.  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.
         13.  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.
         14.  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.
         15.  Article XV -- Rendition amendment.
         a.  This article 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 articles 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.
         16.  Out-of-state confinement amendment.
         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 the
      delinquent 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.  

         Section History: Early Form

         [C62, 66, 71, 73, 75, 77, § 231.14; C79, 81, § 232.139] 

         Section History: Recent Form

         85 Acts, ch 182, §1
         CS85, § 232.171
         2008 Acts, ch 1032, §201
         Referred to in § 232.2