Analysis and Conclusions

Background:

Pursuant to the provisions of the Interstate Compact for Juveniles (ICJ), the administrative rules of the previous compact which ICJreplaces were adopted as interim rules for the administration of the new compact for a period of twelve (12) months after the first meeting of the Interstate Commission for Juveniles. These“transition” rules remained in effect until superseded by the new rules promulgated by the Commission in December 2009, and which the Commission determined would become effective March 1, 2010.

Issue:

Since the new rules promulgated by the Commission do not become effectiveuntil March 1, 2010, which Rules apply if a referral is received prior to that date, but the placement occurs after March 1, 2010.

Analysis and Conclusions:

Generally, there is a presumption against retroactive application of a statute or regulation unless the legislative body which enacts the provision has indicated a clear intent to do so. AT & T Corp. v. Hulteen, 129 S. Ct. 1962, 1965 (2009); See also Landgraf v. USI Film Products, 511 U.S. 244, 272-273, (1994). Since the ICJ statute, adopted by all of the signatory states, expressly provides that “The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.”(See Article VI, F.). Thus, the “transition” rules as described above were replaced by the new rules promulgated by the Commission at its 2nd annual meeting in December 2009 at which time the Commission determined that these new rules would not take effect until March 1, 2010. Clearly, the intent of the Interstate Commission for Juveniles was to apply the newly promulgated rules ‘prospectively’ beginning on that date.

Therefore, consistent with the foregoing presumption against retroactive application of the newly promulgated ICJ rules, the“transition” rules will continue to govern juvenile interstate transfers untilMarch 1, 2010. Referrals, or applications for transfer, received prior to March 1, 2010 should be processed using the interim or “transition” rules. If the placementor any subsequent actions regarding the case in question occur after March 1, 2010, the new rules would govern those actions.