§ 232.171 — Interstate compact on juveniles

Iowa § 232.171

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 232: JUVENILE JUSTICE

Text

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) Thattheparent, guardian, orpersonoragencyentitledtolegalcustodyofajuvenile
who has not been adjudged delinquent but who has run away without the consent of such
parent, guardian, or 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
otherdocumentsasmaybedeemedpropermaybesubmittedwithsuchpetition. Thejudgeof
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, or 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, or 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, or 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, or 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, ororderofcommitmentwhichsubjectssuchdelinquentjuveniletoprobationor
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”ofthiscompactshallnotbeconstruedtoalteroraffectanyinternalrelationship
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. Thatnothinginthiscompactshallbeconstruedtopreventanypartystateorsubdivision
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. ArticleIX—Detentionpractices. That, toeveryextentpossible, itshallbethepolicyof
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, or person or agency entitled to the
legal custody of the 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. ArticleXI—Acceptanceoffederalandotheraid. Thatanystatepartytothiscompact
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.

Legislative History

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