Search This Blog

Loading...

Thursday, October 18, 2012

Missing Children: Federal Statutes

Federal Statutes: These federal statutes may be helpful to missing children cases under various circumstances. For further details, consult with your local attorney or legal aid.

If you are the parent or family member of a missing child and need assistance on the location and recovery of your child, please call our TOLL-FREE HOTLINE FOR ASSISTANCE 1-888-818-HOPE (4673). 

Uniform Child Custody Jurisdiction Act (UCCJA), 9 ULA at 123
The Uniform Child Custody Jurisdiction Act (1968) creates guidelines to avoid jurisdictional competition and conflict with courts of other states in matters of child custody, promote cooperation with the courts of other states, and facilitate the enforcement of custody decrees of other states. 

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), 9 ULA at 115 (part1)
This is a complete description of the uniform state law that replaces the Uniform Child Custody Jurisdiction Act. Almost every state has adopted the UCCJEA since it became available in 1997, the rest are considering it, and in all likelihood the UCCJEA will become the law of every state and the District of Columbia within a few years. It governs jurisdiction in interstate custody and visitation cases, requires interstate enforcement and non-modification of sister-state custody orders, and authorizes public officials to play a role in civil child custody enforcement and cases involving the Hague Convention on the Civil Aspects of International Child Abduction. 

Juvenile Justice and Delinquency Prevention Act
The Juvenile Justice and Delinquency Prevention Act (1974) has been amended numerous times; however, the overall purposes remain the same, including to provide technical assistance to public and private nonprofit juvenile-justice and delinquency-prevention programs, establish training programs for persons who work with delinquents or potential delinquents or whose work or activities relate to juvenile-delinquency programs, establish a federal assistance program to deal with the problems of runaway and homeless youth, and assist states and local communities to prevent youth from entering the justice system.  

Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction (1980) establishes procedures to ensure the prompt return of children wrongfully removed to or retained in a country other than that of their habitual residence. 

International Child Abduction Remedies Act, 42 USC 11601 et seq.
The International Child Abduction Remedies Act (1988) implements the Hague Convention on the Civil Aspects of International Child Abduction and authorizes state and federal courts to hear cases under the Convention. 

Parental Kidnapping Prevention Act (PKPA), 28 USC 1738 A
The Parental Kidnapping Prevention Act (1980) assures that full faith and credit is given to child-custody determinations. States may honor and enforce custody determinations made in other states as long as certain requirements listed by the Act are satisfied.   

Missing Children Act, 28 USC 534
The Missing Children Act (1982) authorizes the Attorney General to collect and exchange information that would assist in the identification of unidentified deceased individuals and the location of missing persons, including missing children. 

Missing Children's Assistance Act, 42 USC 5771
The Missing Children's Assistance Act (1984) directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to establish and operate a national toll-free telephone line for missing children and a national resource center and clearinghouse. 

National Child Search Assistance Act, 42 USC 5779-80
The National Child Search Assistance Act of 1990 requires each federal, state, and local law-enforcement agency to enter information about missing children younger than the age of 18 into the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC) database.1 The Act also establishes state reporting requirements. 

Adam Walsh Child Protection and Safety Act
The Adam Walsh Child Protection and Safety Act (2006) amended a portion of the National Child Search Assistance Act to mandate law enforcement entry of information about missing and abducted children into the National Crime Information Center (NCIC) database within two hours of receipt of the report.  

International Parental Kidnapping Crime Act (IPKCA), 18 USC 1204
The International Parental Kidnapping Crime Act of 1993 makes it a federal crime to remove a child from the United States or retain a child, who has been in the United States, outside the United States with the intent to obstruct the lawful exercise of parental rights. 

Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 USC 14071
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (1994) prescribes a 10-year registration requirement for offenders convicted of sexually violent offenses or criminal offenses against a victim who is a minor. Sexually violent predators have additional registration requirements. 

Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act
The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003, otherwise known as the PROTECT Act, gives law-enforcement authorities valuable tools to deter, detect, investigate, prosecute, and punish crimes committed against children; strengthens laws against child pornography; and addresses deficiencies in federal sentencing policies and practices. Provisions that relate specifically to missing or abducted children include an increase in the base-offense level for kidnapping; a mandatory 20-year sentence for an offender whose kidnapping victim is a nonfamily-member minor; attempt liability for international parental kidnapping; Suzanne's Law, which requires each federal, state, and local law-enforcement agency to enter information about missing children younger than the age of 21 into the FBI's NCIC database; America's Missing: Broadcast Emergency Response (AMBER) Alert provisions calling for the national coordination of state and local AMBER Alert programs, including the appointment of a national AMBER Alert coordinator2 and the development of guidelines for the issuance and dissemination of AMBER Alerts; a Code ADAM program that requires designated authorities for public buildings to establish procedures for locating a child who is missing in the building;3 and making the statute of limitations for crimes involving the abduction of a child the life of the child.

1The PROTECT Act has amended this provision of the National Child Search Assistance Act of 1990.
2 Deborah Daniels, an Assistant Attorney General with the Office of Justice Programs, was named coordinator by the Attorney General John Ashcroft on October 2, 2002.
3 "Public building" means any building, or portion thereof, owned or leased for use by the federal government. 

  

No comments:

Post a Comment