Rule 302 Intercounty Transfer and Courtesy Supervision

(a) Intercounty Transfer.

(1) Timing. Upon motion of a party or court, and after a hearing, the court may order the transfer of a non-resident juvenile’s case to the juvenile’s county of residence at any time after ruling on the offenses in accordance with Rule 408 and prior to the disposition hearing.

(2) Notice. The court shall serve notice of the hearing upon the parties and the juvenile probation office. The district attorney in the proposed receiving county shall receive notice of the hearing and be granted standing to participate in the hearing.

(3) Hearing. The hearing should be conducted in the transferring county no more than 20 days from the date of the notice in subdivision (a)(2). The district attorney in the proposed receiving county shall be permitted to appear at the hearing utilizing advanced communication technology.

(4) Acceptance of Jurisdiction. If the court in the transferring county finds that the proposed transfer would be consistent with the protection of the public interest and best suited to the juvenile’s treatment, supervision, rehabilitation, and welfare:

(i) the court shall communicate with the president judge or designee of the receiving judicial district to ascertain whether jurisdiction will be accepted;

(ii) a record of the communication shall be made and served promptly by the court on the parties; and

(iii) upon service of the record of the communication, the parties shall have five days to file written responses with the court regarding the decision to accept jurisdiction.

(5) Order.

(i) An order approving a transfer shall specify an effective date for the transfer no less than ten days from date of the order to allow for the coordination of services and preparation of the official court record for transmission.

(ii) If not contained in the official court record, the order should enter a finding of the amount of restitution owed and to whom it should be paid, if available.

(iii) The court shall direct the clerk of courts to serve the order upon the parties, the receiving county agency, and the president judge or designee of the receiving court, if applicable.

(6) Matters of Cooperation between Courts. Communication between courts and juvenile probation offices on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(7) Receiving Court. On or before the effective date of the order established in subdivision (a)(5)(i), the receiving court shall enter an order:

(i) accepting jurisdiction of the case as of the effective date;

(ii) appointing counsel for the juvenile;

(iii) directing the clerk of courts to serve the order upon the transferring court, if necessary, the county agencies, the parties, and the transferring county’s clerk of courts; and

(iv) scheduling the next court proceeding for the juvenile.

(8) Next Court Proceeding. The time requirements of these rules for the next court proceeding shall be calculated from the effective date for the transfer.

(9) Transmission of Official Court Record.

(i) The transferring county’s clerk of courts shall inform the clerk of the receiving court of the manner in which certified copies of all documents, reports, and summaries in the child’s official court record will be transferred.

(ii) On the effective date of the transfer, the transferring county’s clerk of courts shall transmit certified copies of all documents, reports, and summaries in the juvenile’s official court record to the clerk of the court of the receiving county.

(iii) The receiving county’s clerk of courts shall notify its county agency and the transferring court of its receipt of the official court records.

(b) Courtesy Supervision.

(1) Timing. The court may transfer supervision of a juvenile to the juvenile’s county of residence after:

(i) a consent decree is entered; or

(ii) a dispositional order is entered.

(2) Transmission of Records. The juvenile probation office of the transferring court shall transfer its juvenile probation files and a copy of the official court record to the juvenile probation office where the case has been transferred.

(3) Continuity of Services. The juvenile probation offices shall arrange for the continuity of services the juvenile may be receiving with minimal disruption.

(4) Withdrawal of Supervision. The county providing courtesy supervision may, with cause, withdraw supervision at any time and return the matter for further action to the county which entered the dispositional order.