NCJ Number
75645
Date Published
1980
Length
160 pages
Annotation
Testimony is presented on proposed bill S. 105, the Parental Kidnapping Prevention Act of 1979, which would require States to recognize the custody orders of other States, authorize the use of the existing Federal parent locator services, and make it a Federal offense for parents to kidnap their children.
Abstract
Between 25,000 and 100,000 children are kidnapped every year, and only 10 percent of these children are ever found again. S. 105 represents a constructive approach by the Federal Government to child-snatching cases. The bill makes it a Federal misdemeanor for a parent to restrain or conceal a child, and is intended to act as a deterrent to snatchings. However the bill allows that the child's safe and prompt return will lead to dismissal of criminal charges against the parent. It was also suggested that Congress correlate this legislation with Convention on the Civil Aspects of International Child Abductions currently being prepared by the Special Commission on Child Abduction of The Hague Conference on Private International Law. The United States is one of 23 countries seeking to devise a convention that will prevent child abductions to foreign countries. Representatives of the Federal Bureau of Investigation (FBI) and the Justice Department did not support making child-snatching a Federal offense, indicating that there were not enough investigators to handle the work and that there is the danger of confrontations and possible violence which could constitute a real danger to the child. Nor does the Office of Child Support of the Department of Health, Education and Welfare support the use of the Federal Locator Service in tracking down parents who abduct their children. The locator service uses certain confidential records (social security and tax) to locate parents to obtain child support payments, but opposes using these confidential records to locate missing human beings. However, arguments were presented that pointed out the inconsistency of the FBI's great interest in car thefts and bank robberies as opposed to stolen human beings. Motives for child matching were discussed. Various panels presented their opinions, including law enforcement officials, parental organization officials, male rights' officials, speakers on the effects of child stealing, and a speaker on the legal aspects of the bill.