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Martin O'Malley, Governor
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Ch.3
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ARTICLE II — EXISTING RIGHTS AND REMEDIES
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 — 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 POSSESSIONS 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 — 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 THE JUVENILE'S 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 THE RUNNING AWAY, THE JUVENILE'S 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 THE JUVENILE'S 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 THE JUVENILE IS AN EMANCIPATED MINOR, AND WHETHER OR
NOT IT IS IN THE BEST INTEREST OF THE JUVENILE TO COMPEL THE JUVENILE'S
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![clear space](../../../images/clear.gif) |