2007 Minnesota Statutes

260.51 INTERSTATE COMPACT ON JUVENILES.
The governor is authorized and directed to execute a compact on behalf of this state with any
other state or states legally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON JUVENILES

The contracting states solemnly agree:

ARTICLE I

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

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.

ARTICLE III

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

(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
records, 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 emancipated 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 legal custody
of such minor.

ARTICLE V

(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

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 run 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

(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 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 partly 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

(a) That the provision 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 cost 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

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

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 agreement 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

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

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

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

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

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.

ARTICLE XVI

(a) That this Article shall provide additional remedies, and shall be binding only as among
and between those party states which specifically execute the same.
(b) For the purposes of this Article, "child," as used herein, means any minor within the
jurisdictional age limits of any court in the home state.
(c) When any child is brought before a court of a state of which the child is not a resident,
and the state is willing to permit the child's return to the home state of the child, the home state,
upon being so advised by the state in which the proceeding is pending, shall immediately institute
proceedings to determine the residence and jurisdictional facts as to the child in the home state,
and upon finding that the child is in fact a resident of that state and subject to the jurisdiction of
the court thereof, shall within five days authorize the return of the child to the home state, and to
the parent or custodial agency legally authorized to accept the custody in the home state, and at
the expense of the state, to be paid from the funds as the home state may procure, designate, or
provide, prompt action being of the essence.

ARTICLE XVII

(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 the 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.
History: 1957 c 892 s 1; 1982 c 371 s 1; 1Sp2001 c 9 art 15 s 32