CHAPTER 452

AN ACT to authorize the Governor to execute, on behalf of the Common-
wealth of Virginia, a certain compact relating to juveniles; to declare
the policy of the Commonwealth with regard to certain juveniles; to
authorize the appointment of a compact administrator and prescribe
his powers and duties; to provide for the payment of certain obliga-
tions, to prescribe the jurisdiction of certain courts in certain cases,
and to authorize certain agreements with regard to the return of run
away juveniles.

fS 117]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:
1. § 1. The Governor of Virginia is hereby authorized and requested
to execute, on behalf of the Commonwealth of Virginia, with any other
state or states legally joining therein, a compact which shall be in form
substantially as follows:

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 pro-
660 ACTS OF ASSEMBLY [VA., 1956

bation 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 non-delinquent 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 non-criminal, reformative and protective
policies which guide their laws concerning delinquent, neglected or de-
pendent 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 be in addi-
tion to and not in substitution for other rights, remedies and procedures,
and shall not be in derogation of parental rights and responsibilities.

ARTICLE II—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 “resi-
dence” 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 emancipated minor, and
whether or not it is in the best interest of the juvenile to compel his return
CH. 452) ACTS OF ASSEMBLY 661

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 determina-
tion 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
with the compact administrator of the demanding state, there to remain
requisition for the return of such juvenile upon its own motion, regardless
of the consent of the parents, 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
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 rea-
sonable 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 forth-
with before a judge of the appropriate court who may appoint counsel or
guardian ad litem for such juvenile and who shall determine after a hear-
ing 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 ex-
ceeding 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 com-
mitted within such state a criminal offense or an act of juvenile delin-
quency, 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 establish-
ment 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 pro-
ceedings 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 in-
stitutional 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 necesary 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 ap-
pointed 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 in-
stitution 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 deter-
mine, 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
CH. 452] ACTS OF ASSEMBLY 663

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, imprison-
ment, 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 sub-
scribing 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 ViII—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 authoritities of the sending state shall send to the author-
ities of the receiving state copies of pertinent court orders, social case
studies and all other available information which may be of value to and
664 ACTS OF ASSEMBLY [va., 1956

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 pro-
bation 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 au-
thority of the officer and the identity of the delinquent juvenile to be re-
taken 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 re-
oe through any and all states party to this compact, without inter-

erence.

(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 rela-
tionship among the departments, agencies and officers of and in the govern-
ment 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 Articles 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 re-
habilitation 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 delin-
quent 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 reason-
able 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 de-
tails as shall be necessary to protect the rights and equities of such de-
linquent 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 dona-
tions, 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 regu-
lations 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 execu-
tion by any state as between it and any other state or states so executing.
When executed it shall have the full foree and effect of law within such
state, the form of execution to be in accordance with the laws of the execu-
ting 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 pres-
ent Article.
Saar See eee OO eee ee ee eee

That the provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is declared to be con-
trary to the constitution of any participating state or of the United States
or the applicability thereof to any government, agency, person or circum-
stances is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circum-
stance 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.

§ 2. It is hereby found and declared: 1) 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; 2) that the cooperation of
this state with other states is necessary to provide for the welfare and
protection of juveniles and of the people of this state.

It shall therefore be the policy of this state, in adopting the Inter-
state Compact on Juveniles, to cooperate fully with other states: (1) in
returning juveniles to such other states whenever their return is sought;
and (2) in accepting the return of juveniles whenever a juvenile residing
in this state is found or apprehended in another state and in taking all
measures to initiate proceedings for the return of such juveniles.

§ 3. Pursuant to the compact set forth in § 1 of this act, the governor
is hereby authorized and empowered to 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. Said compact administrator
shall serve subject to the pleasure of the governor. The compact adminis-
trator is hereby authorized, empowered and directed to cooperate with all
departments, agencies and officers of and in the government of this state
and its subdivisions in facilitating the proper administration of the com-
pact or of any supplementary agreement or agreements entered into by this
state thereunder.

§ 4. The compact administrator is hereby authorized and empowered
to 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, said supplementary agreement shall have no force or effect until
approved by the head of the department or agency under whose jurisdiction
said institution or facility is operated or whose department or agency will
be charged with the rendering of such service.

5. The compact administrator, subject to the approval of the
Director of the Budget, may make or arrange for any payments necessary
to discharge any financial obligation imposed upon this state by the com-
pact or by any supplementary agreement entered into thereunder.

§ 6. The county courts, municipal courts and juvenile courts of the
Commonwealth shall have jurisdiction of juveniles within the operation
of the compact.

§ 7. In addition to any procedure provided in Articles IV and VI
of the compact for the return of any runaway juvenile, the particular
states, the juvenile or his parents, the courts, or other legal custodian in-
volved may agree upon and adopt any other plan or procedure legally au-
thorized under the laws of this state and the other respective party states
for the return of any such runaway juvenile.