Probation & Aftercare Referrals
How do I put a referral packet together and what is required? Please refer to the ICJ FSW Guide on the DCS website for more information: https://files.dcs.tn.gov/policies/chap1/ICJGuideFSW.pdf
A referral packet consists of the following mandatory documents:
- Cover letter explaining circumstances regarding youth’s move
- ICJ Form IV - Parole or Probation Investigation Request (signed by JPO, Family Service Worker (FSW) and Tennessee ICJ Commissioner/Deputy Administrator)
- ICJ Form IA/VI - Application for Compact Services/Memorandum of Understanding and Waiver (signed by youth, with signatures witnessed, and adjudicating judge)
- ICJ Form V - Report of Sending State Upon Parolee and Probationer Being Sent to Another Jurisdiction (signed by JPO)
- ICJ Out-of-State Travel Permit Form (signed by youth, JPO, and a witness)
- Adjudication and Disposition Orders
- Conditions of Probation
- Pre-Disposition Report, Social History, or Family Functional Assessment
- School Records
- Updated Psychological Report
- Medical Records (include immunization)
Frequently Asked Questions
No. If youth has left the state, we can obtain those signatures from the receiving state. However, the ICJ Form IA/VI – Application for Services and Waiver must be signed by your judge prior to being submitted with the packet. This is true for all submitted ICJ referrals, whether the youth remains in Tennessee or has left for the receiving state.
States differ widely on maximum age on probation and parole. ICJ Article II provides that “delinquent juvenile” means any youth who has been adjudicated delinquent and who, are under ICJ supervision, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction of an agency or institution pursuant to an order of such court and still under the purview of the sentencing court is supervised until the legal age of majority in each state. Please refer to the Age Matrix.
No. The sending state holds jurisdiction and is responsible for issuing the warrant. However, per ICJ Rule 4-104, the receiving state has the power to enforce the terms of parole/probation, including the imposition of detention time as a temporary sanction for violations of probation. Anytime violations occur, you submit a violation report to your ICJ office detailing the violations and any actions taken to sanction those violations.
Not without permission from that state. The sending state has sole authority to discharge/terminate its youths with the exception of when:
- A youth is convicted of a crime and sentenced under the jurisdiction of the adult court in the receiving state and the sentence is longer than the juvenile sentence. In such cases, the receiving state may close the ICJ case once it has notified the sending state, in writing, and provided the sending state with a copy of the adult court order.
- Cases terminate due to expiration of a court order or upon expiration of the period of parole. These cases may be closed by the receiving state without further action by the sending state. In such cases, the receiving state shall forward a summary report to the sending state, and notify the sending state in writing that, unless otherwise notified, the case will be closed due to the expiration of the court order.
- A youth on ICJ supervision absconds from placement and the sending state has issued a warrant or directive to apprehend, or if the youth has been on abscond for at least 10 days and the sending state has been notified of the abscond.
You would list yourself, the juvenile probation officer or FSW, because the youth is to report to you by phone or by mail until the receiving state has accepted supervision. If the receiving sate has approved the home prior to the youth's departure the receiving state’s assigned JPO or FSW should be listed as the contact person. ICJ Form V
The referral must come from your state’s ICJ office in order for it to be a legal referral (see next question). You are not responsible for supervising in this case, however, the decision will be yours to make as your community may be at risk. If you receive a referral directly from another state, please contact your ICJ office as soon as possible so they can request the referral through the proper channels.
Per ICJ Rule 4-101, no state shall permit the transfer of a Compact-eligible youth except as provided by the Compact and Rules, and that any youth not eligible for transfer under the Compact is not subject to ICJ rules. ICJ Rules expressly forbids the transfer of jurisdiction. ICJ Rules do not cover the actions to take when this is attempted by a state or county. When you receive these types of documents directly from another state, contact the Tennessee ICJ office. Upon receipt of information or documentation in a case like this, the ICJ office will:
- Immediately notify the ICJ office of the youth’s home state and forward any information received
- Request that ICJ office contact the home county to advise them that this is not permitted and either submit a proper ICJ referral or concede to termination of probation and closure of the case.
The ICJ office will follow up with the sending state’s ICJ office to get an update or response. We will keep you informed and let you know of any action you need to take.
All youths who are under juvenile court jurisdiction, as defined by the sending state and who have been assigned terms of supervision are eligible for services pursuant to the provisions of the ICJ, provided they also have:
- A plan that includes relocating to another state for a period of more than ninety (90) consecutive days in any twelve (12) month period; and
- Who has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request.
Youths adjudicated delinquent and placed on probation and committed youths who are paroled (placed on aftercare) are eligible for supervision and services under the ICJ. Youths on Deferred Prosecution or Deferred Adjudication are eligible for services under the ICJ, provided they have requirements for supervision. In addition, juveniles as defined in Rule 1-101, eligible for transfer as defined by Rule 4-101, who are accepted as full-time students at a secondary school, or accredited university/college, or state licensed specialized training program and can provide proof of enrollment; shall be considered for supervision by the receiving state. An individual's status as a juvenile depends on the law in the sending state and shall be provided supervision by the appropriate juvenile authority in the receiving state.
The normal timeframe for a response to a home evaluation request is 30 - 45 working days. This information is particularly crucial to those workers responsible for placement planning in institutional settings.
ICJ offices shall determine each placement's suitability based on the home evaluation report and will approve or disapprove the home within the terms of the ICJ, and forward the home evaluation (approval or disapproval) to the sending ICJ office.
Progress reports are due on a quarterly basis. However, if there is a problem in the home placement, please advise our office immediately. We will ask that you follow up in writing ASAP.