NCJ Number
88041
Journal
Journal of Criminal Law and Criminology Volume: 73 Issue: 3 Dated: (Fall 1982) Pages: 1176-1203
Date Published
1982
Length
28 pages
Annotation
Although legally restricted to promulgating regulations consistent with congressional intent, the Justice Department has issued regulations contrary to the express wording of the Parental Kidnapping Prevention Act and its legislative history.
Abstract
The Parental Kidnapping Prevention Act of 1980 is intended to (1) deter child snatching, (2) provide Federal assistance in locating snatched children, and (3) promote cooperation and uniformity among the States concerning their treatment of child custody decrees. Severe resistance from the U.S. Department of Justice has, however, prevented the accomplishment of these goals. Recently issued Justice Department regulations burden the parents who request Government assistance with requirements they must satisfy before they can obtain Federal assistance. These requirements blatantly contravene congressional intent in the act. The Justice Department's posture is based in its policy of not routinely involving the FBI in child snatching situations according to the same criteria applied to other State felonies such as murder and armed robbery. Prosecutorial discretion is claimed for such a posture and the associated regulations. Several congressional members are currently pursuing the most direct method of reversing an agency regulation: a statutory rejection of the offending regulation. Passage of these bills, however, is not at all certain. To invalidate the Justice Department regulations, custodial parents who do not receive FBI assistance because of the Justice Department regulations should institute a lawsuit against the Federal Government under the Administrative Procedure Act. A total of 121 footnotes are provided.