TITLE 31

Welfare

Services and Facilities for Youth Adjudicated Delinquent or Criminally Prosecuted

CHAPTER 52. Interstate Compact on Juveniles

Subchapter III. Effectuation

§ 5221. Juvenile compact administrator.

Pursuant to the Interstate Compact on Juveniles, the Governor is hereby authorized and empowered to designate the Secretary of the Department of Services for Children, Youth and Their Families to be the Compact administrator or to authorize the Secretary to designate an employee of the Department to 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. The Compact administrator 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 Compact or of any supplementary agreement or agreements entered into by this State hereunder.

31 Del. C. 1953, §  5221;  54 Del. Laws, c. 6457 Del. Laws, c. 591, §  5158 Del. Laws, c. 30, §  264 Del. Laws, c. 108, §  20

§ 5222. Supplementary agreements.

The Compact administrator is 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 provisions 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.

31 Del. C. 1953, §  5222;  54 Del. Laws, c. 107.

§ 5223. Financial arrangements.

The Compact administrator, subject to the approval of the State Treasurer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the Compact or by any supplementary agreement entered into thereunder.

31 Del. C. 1953, §  5223;  54 Del. Laws, c. 64.

§ 5224. Responsibilities of state departments, agencies and officers.

The courts, departments, agencies and officers of this State and its subdivisions shall enforce the Compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.

31 Del. C. 1953, §  5224;  54 Del. Laws, c. 64.

§ 5225. Additional procedures not precluded.

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 the juvenile’s parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this State and the other respective party states for the return of any such runaway juvenile.

31 Del. C. 1953, §  5225;  54 Del. Laws, c. 6470 Del. Laws, c. 186, §  1

§ 5226. Receipt of federal funds.

The designated Juvenile Compact administrator is authorized to cooperate with the federal government and to receive any federal funds which may be allocated for the purpose of improving the State’s services to those juveniles affected by this Compact.

31 Del. C. 1953, §  5226;  54 Del. Laws, c. 64.

§ 5227. Definition.

The term “delinquent juvenile” as used in the Compact shall include any wayward child as defined in § 901 of Title 10.

31 Del. C. 1953, §  5227;  54 Del. Laws, c. 64.

§ 5228. Effective date.

The Compact shall become effective immediately upon approval of the General Assembly and the Governor and thereafter upon being executed on behalf of this State with any other state or states legally joining therein.

31 Del. C. 1953, §  5228;  54 Del. Laws, c. 64.

§ 5229. State Council for Interstate Juvenile Supervision.

(a) The State Council for Interstate Juvenile Supervision is hereby established and shall consist of 8 members as follows:

(1) The Cabinet Secretary of the Department of Services for Children, Youth and Their Families, or the Cabinet Secretary’s designee.

(2) The Director of Division of Youth Rehabilitative Services, or the Director’s designee.

(3) Two members of the Delaware Senate appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore, 1 from each major political party.

(4) Two members of the Delaware House of Representatives appointed by the Speaker of the House to serve at the pleasure of the Speaker of the House, 1 from each major political party.

(5) A member of the state Family Court judiciary appointed by the Chief Judge of the Delaware Family Court to serve at the pleasure of the Chief Judge.

(6) The Juvenile Compact Administrator appointed by the Secretary of the Department of Services for Children, Youth and Their Families as outlined in § 5221 of this title.

(7) Two members appointed by the Governor who shall serve at the pleasure of the Governor. At least 1 of these appointments must be a representative of a victims’ assistance or advocacy organization.

(b) The State Council shall exercise oversight and advocacy concerning the State’s participation in Interstate Commission activities and other duties including, but not limited to, the development of policy concerning operations and procedures of the compact within the State.

(c) By majority vote of the members, the State Council for Interstate Juvenile Supervision shall select a chairperson.

(d) The State Council shall meet at least twice each year.

77 Del. Laws, c. 381, §  1