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Session Laws, 1987
Volume 769, Page 1193   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                    Ch. 290

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 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

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Session Laws, 1987
Volume 769, Page 1193   View pdf image
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