U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

December 2001

The Criminal Justice A Message From OJJDP System’s Response to The expeditious return of a missing child who has been abducted is a Parental Abduction critical step toward alleviating the trauma suffered by both child and parent. The active involvement of both law enforcement and criminal Kathi L. Grasso, Andrea J. Sedlak, Janet L. Chiancone, court officials is, of course, integral Frances Gragg, Dana Schultz, and Joseph F. Ryan to attaining this desired goal.

Millions of Americans receive advertise- to as “family abduction”) is defined as As research has demonstrated, the ments in the mail with pictures of miss- “the taking, retention, or concealment of a most prevalent form of child abduc- tion in the United States is parental ing children and their alleged abductors. child or children by a parent, other family kidnapping. This Bulletin draws on Many people quickly glance at the pic- member, or their agent, in derogation of findings of a study conducted for tures, some study them more carefully, the custody rights, including visitation OJJDP by the American Bar Asso- and some do not look at all. In the major- rights, of another parent or family mem- ciation Center on Children and the ity of cases, these children have been ab- ber” (Girdner, 1993:1–11). Abductors may Law and Westat to assess the cri- ducted by relatives, usually a parent. be other family members or their agents minal justice system’s response to (e.g., girlfriend, boyfriend, grandparent, parental abduction. Parental abduction can have a devastat- or even a private investigator), although ing impact on the child who is abducted in most cases the abductor is a child’s Parental abduction is a crime in and also the parent who is left behind. A parent (Girdner, 1993). Some State crimi- all 50 States and in the District of quick recovery is critical to reducing the nal statutes use the term “custodial inter- Columbia and, in most cases, con- trauma to both child and parent. Law en- ference” (rather than parental abduction, stitutes a felony. The OJJDP study reviewed all stages of the criminal forcement and criminal court involvement family abduction, or kidnapping) when justice system’s response to this in these cases can make the difference in referring to this crime and may include how effectively the search is conducted crime, including the reporting of the incidents in which children are detained abduction, the investigation of the and can influence how quickly the child or enticed away from the custodial par- is recovered. case, the finding and recovery of the ent. Custodial interference can also be victim, and the criminal prosecution To better understand the criminal justice defined to include interference with a of the perpetrator or perpetrators. system’s response to parental abduction, court order of visitation or access. To date, it is one of the most com- the Office of Juvenile Justice and Delin- Although many individuals, including prehensive studies of this issue. quency Prevention (OJJDP) funded a some law enforcement personnel, perceive Children stand to benefit from a re- study—conducted jointly by the Amer- parental abduction as “civil in nature” and view of the study’s findings by law ican Bar Association Center on Children a private family matter best handled out- enforcement and court officials and and the Law and Westat—that examined side the realm of the criminal justice sys- other representatives of the justice this issue. This Bulletin summarizes the system. The information provided in 1 tem, it is a crime in all 50 States and the primary findings of this study. District of Columbia and, in most cases, these pages is intended to facilitate constitutes a felony. In some States, pa- such crucial consideration. Definition and Legal rental abduction constitutes a crime only in cases in which a custody order has Framework been violated. In others, no custody order For purposes of this Bulletin (and for is required for parental abduction to be much of the research conducted on this considered a criminal offense. issue), parental abduction (also referred ◆ National estimates of parental abduc- Criminal and Civil Laws Regarding Parental Abduction tion cases which were opened by pros- ecutors and in which criminal charges The Missing Children’s Act of 1982 (28 U.S.C. § 534(a)). This Act requires the were filed. Federal Bureau of Investigation (FBI) to enter descriptive information on missing children into the National Crime Information Center (NCIC) database, a computer ◆ Law enforcement authorities’ use of database with information on missing persons that can be accessed by law en- management information systems forcement agencies nationwide. (MISs) and written policies and proce- dures in responding to parental abduc- The National Child Search Assistance Act of 1990 (42 U.S.C. § 5780). This tion reports. Act requires that State and local law enforcement agencies immediately enter in- formation on missing children younger than 18 into the NCIC database and pro- ◆ Staffing characteristics and adminis- hibits such agencies from maintaining any waiting period prior to taking a report trative resources. of a missing child. ◆ Staff participation in formal training or The Missing Children’s Assistance Act (42 U.S.C. §§ 5771 et seq.). Enacted in special programs addressing parental 1984 and reauthorized in 1988, 1992, and 1999, this Act resulted in the establish- abduction. ment of the National Center for Missing and Exploited Children. NCMEC serves as ◆ Parental abduction case flow through a national resource center on missing children, providing support to criminal jus- the criminal justice system. tice system personnel and aggrieved parents as they seek to identify and recover missing children, including those who have been abducted by a parent. It operates ◆ Characteristics of cases in which law a toll-free hotline, provides technical assistance to law enforcement personnel in enforcement intervened by investigat- the field, and educates the public and others on relevant issues. ing and/or filing criminal complaints. The Parental Kidnapping Prevention Act of 1980 (28 U.S.C. § 1738A). Providing ◆ Model approaches to the handling of for civil remedies, this Federal Act gives jurisdictional priority to the child’s home parental abduction cases. State in parental abduction cases where conflicts arise between two States. It ex- The study consisted of three phases: tends the Federal Fugitive Felon Act to cases in which a child has been taken out of a State where that act would constitute a felony, thus enabling the FBI to investi- ◆ Phase 1: A nationally representative gate. It also authorizes certain persons access to the Federal Parent Locator Ser- survey of law enforcement agencies vice for purposes of identifying the whereabouts of a parentally abducted child. and prosecutors’ offices. The Uniform Child Custody Jurisdiction Act (UCCJA). An important civil rem- ◆ Phase 2: Site visits to six counties edy that exists to combat parental abduction, this jurisdictional statute governs where a larger than average number when a court has jurisdiction over a parental abduction case and attempts to pre- of parental abduction cases were vent the occurrence of simultaneous proceedings in two different States. It has prosecuted. been enacted with some variation in all 50 States, the District of Columbia, and ◆ Phase 3: A review of individual paren- the Virgin Islands. tal abduction case files in the law en- The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). forcement agencies and prosecutors’ The Uniform Child-Custody Jurisdiction and Enforcement Act, adopted unani- offices of three of the six jurisdictions mously by the National Conference of Commissioners on Uniform State Laws in visited. 1997 and approved by the American Bar Association in 1998, amends UCCJA to bring it into conformity with the Parental Kidnapping Prevention Act. UCCJEA also The study examined all facets of the crimi- clarifies jurisdictional provisions of UCCJA that courts have interpreted inconsis- nal justice system’s response, including tently across the country. As of January 2001, 22 States had enacted UCCJEA.1 the reporting of the incident, investigation of the case, location and recovery of the The Hague Convention on the Civil Aspects of International Child Abduction. child, and criminal prosecution of the ab- This Convention, ratified by the United States in 1988, is an international treaty cur- ductor(s). The site visits provided insight rently in effect in 43 countries.2 It serves to simplify and expedite the return process into various aspects of unique programs, when children have been abducted internationally. The Convention’s implementing and the national survey and case file re- procedures can be found in the International Child Abduction Remedies Act (42 views attempted to identify those charac- U.S.C. §§ 11601 et seq.). In 1993, the United States also passed the International teristics that resulted in an enhanced sys- Parental Kidnapping Crime Act (18 U.S.C. § 1204), making the abduction or reten- tem response. Based on these findings, tion of a child from the United States a felony. the researchers developed recommenda- tions for statutory, policy, and program- 1. For more detail about UCCJEA, including a list of States that have adopted the Act, see http://www.nccusl. matic change. The study described in this org/nccusl/uniformact_factsheets/uniformacts-fs-uccjea.asp. Bulletin concluded in 1996 and is based 2. For the most recent list of countries that have ratified the Hague Convention, see http://travel.state.gov/ on parental abduction data from 1992 to hague_list.html. 1996. Nevertheless, the study findings and recommendations continue to be relevant to current incidents of parental abduction. parental abduction cases by collecting Study Background OJJDP has chosen to highlight the findings data on the following: The primary goal of the study was to pro- of this study because, to date, this is one vide further insight into whether and how ◆ National estimates of parental abduc- of the most comprehensive studies of the criminal justice system intervenes in tion reports to law enforcement author- the Nation’s criminal justice system’s re- ities and resulting arrests. sponse to the crime of parental abduction.

2 Phase 1: Findings From National Estimates of family abductions (to both domestic and the National Survey Reports, Arrests, and international destinations) nationwide. Prosecutor Actions Cases identified in NISMART are catego- rized as either “broad scope” or “policy Methodology Law enforcement agencies and prosecu- focal”: tors reported the following for 1992: All law enforcement agencies and prose- ◆ Broad-scope cases. These are cases in cutors serving a nationally representative ◆ An estimated 30,500 parental abduction which a family member either (1) took sample of 400 counties were surveyed cases were reported to law enforce- a child in violation of a custody agree- about their handling of parental abduction ment agencies. In 82 percent of these ment or decree or (2) failed to return incidents occurring in 1992. In all, 400 cases, a parent was responsible for the or give over a child at the end of a prosecutors’ offices, 405 county law en- abduction; in 12 percent, a family mem- legal or agreed-upon visit (in violation forcement agencies, and 3,625 municipal ber other than a parent was the abduc- of a custody agreement or decree) and law enforcement agencies were surveyed. tor; and in 6 percent, nonfamily mem- the child was away at least overnight. Two questionnaires, one to be filled out by bers were the perpetrators. NISMART researchers estimated that law enforcement agencies and the other ◆ Approximately 4,500 cases of paren- 354,100 children experienced an ab- by prosecutors, were mailed to the offices tal abduction—only 15 percent of all duction under this definition. This cate- of sheriffs, police, and prosecutors in the reported cases—resulted in arrest. gory included most cases that would selected jurisdictions. ◆ A higher number of cases were re- be considered abduction under even Because of a series of followup mailings ferred to prosecutors than the 4,500 the broadest statutes and also many in and other reminders to survey participants, resulting in arrest. Law enforcement which law enforcement agencies and the response rate was excellent for a mail agencies referred about 9,200 parental prosecutors would not be involved survey. Overall, 76.6 percent of the law abduction cases (30 percent of all (either because of more stringent legal enforcement agencies completed the sur- reported cases) to prosecutors. definitions or by discretion). vey, 4.7 percent were found to be ineligible ◆ ◆ An estimated 15,000 parental abduc- Policy-focal cases. These are cases because the agencies did not have jurisdic- that fit the broad-scope definition but tion to conduct criminal investigations of tion cases were formally opened by prosecutors. This number is substan- also have at least one of the following parental abductions, and only 0.5 percent characteristics: (1) an attempt was directly refused. Three-quarters (75 per- tially higher than the number of refer- rals to prosecutors’ offices by law en- made to conceal the taking or where- cent) of sampled prosecutors completed abouts of the child and prevent con- the survey, with 2.5 percent declining to forcement agencies (9,200), implying that many parental abduction cases tact with the child, (2) the child was participate and 22.5 percent not respond- transported out of State, or (3) evi- ing at all. reach these offices by other referral routes, such as through the courts or dence existed that the abductor in- directly from the aggrieved custodial tended to keep the child indefinitely or parent. to permanently affect custodial privi- leges. About 46 percent (163,200) of ◆ Criminal charges were filed in only an the broad-scope cases fell within this estimated 3,500 (23 percent) of the narrower definition (Finkelhor, Hotal- 15,000 cases opened by prosecutors. ing, and Sedlak, 1990). Of the cases in which charges were filed, 31 percent were dismissed and The national estimates of reports of 49 percent resulted in convictions. parental abduction to law enforcement agencies in the present study include only ◆ Only 17 of the 400 counties surveyed cases for which law enforcement officially reported that their prosecutors’ of- took a report (30,500) or for which prose- fices filed more than 15 criminal com- cutors’ offices officially opened a case plaints in 1992. Only 8 of these 17 (15,000). These figures are substantially counties were outside of California. lower than the estimated number of fami- ly abduction cases reported in the 1990 Relation to NISMART NISMART study. Figures from both studies Estimates appear equally valid in their own right. The most comprehensive study of the ex- Possible explanations for the discrepancy tent of parental abduction is the National between the two studies include: Incidence Studies on Missing, Abducted, ◆ Classification of the crime within the Runaway, and Thrownaway Children in 2 system not readily identifiable. For America (NISMART) (Finkelhor, Hotaling, example, a violation of a custody order and Sedlak, 1990). Conducted in 1988, may not be distinguishable in the sys- this nationwide telephone household sur- tem from a violation of any other court vey produced estimates of the number of order.

3 ◆ Failure to report parental abductions information on the number of parental estimated 1 to 5 percent of their work- that occur in concert with other crimes. abduction cases reported to their agen- load. Some perceived parental abduction For example, police may record other cies (69 percent). Only 10 percent of the cases as “low priority” given their agen- crimes, such as assault and battery or law enforcement agencies indicated that cies’ limited staffing and the high volume breaking and entering, and only men- they had specialized programs designed of other cases they were assigned to han- tion the parental abduction in the nar- to address parental abduction in their dle. This did not mean, however, that per- rative of the report. jurisdictions. sonnel in these offices had not developed ◆ Lack of jurisdiction by some law en- some expertise in the handling of parental The survey of prosecutors produced simi- abduction cases. For the most part, these forcement agencies to conduct criminal lar findings. The vast majority stated that investigations on parental abductions. experts were detectives assigned to the they had not been aided by a computer- departmental unit responsible for the ◆ Informal handling of cases by both ized MIS in providing survey information investigation of child abuse, parental and police and civil attorneys to return (85 percent), that they did not have poli- stranger abductions, and runaway youth. the child to the custodial parent. cies or written guidelines on the handling of parental abduction cases (86 percent), At sites where agency staff had developed Case Characteristics and that staff did not receive formal train- expertise in parental abduction or a spe- Influencing Law Enforcement ing on parental abduction (86 percent). cialty unit had been created, such as in and Prosecutor Processing Seventy-nine percent of the prosecutors’ Hudson and San Diego Counties, it was offices indicated that they did not have clear that the initiative of skilled and con- The following three factors were most specialized parental abduction programs. cerned staff contributed to an enhanced frequently cited by law enforcement criminal justice system response. How- agencies as influencing their decision ever, specialized systems were not always to take a report of an alleged parental Phase 2: Findings institutionalized within an agency and abduction: From Site Visits might not exist if specialized staff were no ◆ longer employed by that agency. Of the 12 The existence of a custody order In 1994, project staff conducted extensive sheriff’s offices and police departments (60.1 percent). interviews with individuals familiar with contacted, only 5 had written policies gov- ◆ the criminal justice system’s processing The endangerment of a child erning the processing of parental abduc- of parental abduction cases in six counties (52.1 percent). tion cases. San Diego County was the of varying sizes and attributes: Escambia ◆ Joint custody (50.3 percent).3 only site where a specific criminal jus- County, FL; Hudson County, NJ; Pima tice agency, the District Attorney’s Office, Two of these factors—endangerment of County, AZ; Salt Lake County, UT; San was mandated by law to intervene in a the child and existence of a custody Diego County, CA; and Snohomish County, case of parental abduction. order—were also among three of the most WA. The primary purposes of the site vis- commonly cited factors determining inves- its were to examine how law enforcement tigative priority (70.9 and 51.9 percent, agencies respond to parental abduction Case Processing and the respectively). The other most frequently reports and to identify unique case- Impact of Court Orders reported factor was the child’s disability handling practices. on Police Action status, cited by 65.7 percent of agencies. With the exception of Utah, the States vis- Sites were selected based on the results ited were governed by laws that could be The most common factors influencing of the national survey. The sites were interpreted to prohibit custodial interfer- whether a prosecutor’s office opened a chosen for their geographic diversity and case were the existence of a custody ence both before and after the issuance met the following criteria: 4 order (70.6 percent), joint custody (62.8 of a custody order. Statutes in California, ◆ percent), and endangerment of a child The prosecutor’s office in the county Florida, and Washington expressly out- (62.2 percent). Regarding whether a case had filed at least 15 criminal custodial lawed custodial interference prior to the was actually prosecuted (i.e., filing of a interference complaints in 1992. issuance of a custody order. Although Ari- criminal complaint), the three most com- ◆ Agencies in the county used MISs for zona’s statute was less clear as to whether mon factors influencing this decision individual case tracking. intervention is authorized before a custody were the existence of a custody order order is granted, the Pima County prosecu- At the time of site selection, it was de- (77.0 percent), the length of time the tor’s office interpreted case law as allow- termined that the filing of a relatively high child had been gone (68.0 percent), and ing intervention in such cases. In Hudson number of criminal complaints (in this joint custody (66.9 percent). County, NJ, despite the statute’s lack of case, 15 or more) was one indicator of clarity, law enforcement officials reported an enhanced law enforcement response Agency Characteristics that they would, at a minimum, investigate to the crime of parental abduction. a complaint of parental abduction to en- and Resources sure that the child was safe and at the The majority of law enforcement agencies Parental Abduction as a same time refer the aggrieved parent to reported that they did not have written Case-Handling Priority the family court to obtain a custody policies and procedures governing pa- With the exception of the San Diego decree. rental abduction cases (69 percent), that County District Attorney’s and Hudson they did not receive formal training on Generally, law enforcement personnel County Sheriff’s Offices, all criminal jus- the handling of parental abduction cases in these six States responded to some tice agencies reported that parental (63 percent), and that they were not degree to a complaint of parental abduc- abduction cases constituted only an aided by a computerized MIS in providing tion, even when an aggrieved party did

4 not have a custody order. In at least three jurisdictions visited, the degree of re- sponse (e.g., patrol officer sent to scene, followup contact with involved parties) varied, depending on whether a court order existed or whether a child was at risk of harm. In the other three counties, a governing custody order had no impact on the degree of response because a patrol officer was automatically dis- patched to the scene or an investigation was conducted to verify the legitimacy of a complaint. At a minimum, in all sites, even if no court order existed, police would travel to the scene of the com- plaint to assess a child’s well-being and, at the same time, refer parties to local civil courts, legal services or pro bono programs, or the private bar for assis- tance in filing a petition for custody. descriptive information on that child into parents or their agents across State lines Visitation Interference the National Crime Information Center or out of the country. In these cases, State (NCIC) database without a waiting period, or local law enforcement authorities would Visitation interference, or denial of access, regardless of whether the abduction con- seek the issuance of a Federal Unlawful encompasses the situation in which a stitutes a criminal violation. The Federal Flight to Avoid Prosecution (UFAP) war- child’s legal custodian prevents a parent Missing Children’s Assistance Act of 1984 rant to enable the FBI to investigate a fugi- or individual with court-ordered visitation (42 U.S.C. § 5772(1)(A) and (B)) provides tive parent’s whereabouts. from exercising those rights. Almost all the that for purposes of NCIC entry, a “miss- law enforcement agencies visited reported The majority of law enforcement person- ing child” is defined as they would respond to complaints of visi- nel reported minimal contact with the FBI. tation interference by sending a patrol offi- any individual less than 18 years of age They related that the FBI was involved in cer to the scene or attempting to investi- whose whereabouts are unknown to only a few or none of their cases, and gate the matter over the phone. Whether such individual’s legal custodian if— their comments reflected a possible un- police enforced visitation orders depended (A) the circumstances surrounding deruse of FBI resources. One respondent on the specificity and clarity of the order. such individual’s disappearance indi- recommended that the FBI become more Also, not all responses to visitation inter- cate that such individual may possibly involved with case investigation once a ference reports were immediate, with have been removed by another from UFAP warrant had been issued and noted some agencies believing that the interfer- the control of such individual’s legal a lack of followup on the FBI’s part. An- ence should be of a “protracted” nature. custodian without such custodian’s other perceived the FBI as “jumping” on a The statutes of five of the six States visited consent; or case quickly if a child were taken out of prohibited interference with a visitation or State. Several viewed their working rela- access order. In three of these five States, (B) the circumstances of the case tionship with the FBI as “good.” violation of a visitation order could consti- strongly indicate that such individual tute a felony. is likely to be abused or sexually Use of State Missing exploited. . . . Children’s Clearinghouses Agency personnel reported varying prac- Preparation of Crime Reports All States, the District of Columbia, and tices as to the entry of information on pa- In all jurisdictions, law enforcement per- Puerto Rico now have State missing chil- rentally abducted children and perpetra- sonnel prepared a crime report upon dren’s clearinghouses. Depending on the tors into the NCIC database. It was the receiving a complaint of parental abduc- jurisdiction, clearinghouses can have a practice in some jurisdictions not to enter tion. Whether an incident of custodial role in educating the public on missing information on a parental abduction case interference would be labeled as such children’s issues, can be instrumental in unless the child’s whereabouts were varied among jurisdictions. In some sites, coordinating agency services aimed at “unknown,” an arrest warrant had been a custodial interference offense could be child recovery, and, in specific cases, can issued, or the abductor had fled out of classified as a “miscellaneous” offense, a provide assistance to law enforcement State. “civil matter,” or a related offense (such agencies in recovering children. as domestic violence or assault). Contact With the Federal With the exception of personnel in three Entry Into the NCIC Database Bureau of Investigation counties, investigators appeared to under- use State missing children’s clearing- Pursuant to the Parental Kidnapping Pre- The National Child Search Assistance Act houses. These investigators seemed un- vention Act of 1980 (28 U.S.C. § 1738A), of 1990 (42 U.S.C. § 5780) requires that aware of the existence of clearinghouses the FBI is authorized to investigate cases State and local law enforcement agencies in their States or, if they were aware, did in which children have been abducted by take a report on a missing child and enter not convey to interviewers that they accessed clearinghouse services.

5 Other Support Services Prosecutors in Pima and San Diego Extradition of Offender Agency personnel have had varying expe- Counties had become specialists in the In most sites, offenders were rarely extra- riences with other support services. Most field of parental abduction and were dited. One explanation was the expense were not aware of or had never used the viewed as national experts. In the other involved in extraditing the abductor, espe- Federal parent locator service. Although four counties, although prosecutors cially if he or she were in a distant location. the majority were familiar with the publi- were familiar with their State laws ad- Extradition was more likely to occur in cations of the National Center for Missing dressing criminal custodial interference, jurisdictions in which prosecutors’ offices and Exploited Children (NCMEC), it was they had relatively limited experience had a unit employing staff who specialized less clear whether they were aware of with applicable State civil laws, primarily in parental abduction cases. NCMEC’s training programs and provision because they did not practice in civil or of technical assistance in individual cases. family courts and did not specialize in custodial interference. On-the-job train- Case Disposition ing was the norm for prosecutors in The majority of cases filed in all six juris- Access to Prosecutors these cases. dictions resulted in plea bargains or dis- All law enforcement agencies had 24-hour missals. Individuals convicted of custodi- access to prosecutors who could advise Criteria for Filing a Criminal al interference usually received probation them on relevant legal issues. In at least Complaint with conditions (e.g., they had to pay res- three jurisdictions, agency personnel had titution to the victim, attend parenting direct access to a prosecutor specializing In all jurisdictions, the number of crimi- skills classes, or stay away from the vic- in custodial interference cases. nal custodial interference complaints timized child). Jail time was extremely filed was quite low. For example, in San rare. It appeared that defendants were Involvement of Child Diego County, where the District Attor- incarcerated, either prior to or after a ney’s Office received as many as 1,500 Protective Services conviction, only when they refused to calls regarding custodial interference per disclose a child’s whereabouts. At all sites, agencies maintained a policy year, only about 350 cases were formally that a referral would be made to the local opened and, of these, only an estimated 30 According to prosecutors, parental ab- child protective services agency in pa- criminal complaints were filed each year. duction cases were rarely tried by a jury rental abduction cases in which a child Most, if not all, prosecutors reported that or judge. Three jury trials were reported, was endangered or at risk of harm. In prosecution may not be in a child’s or fam- one in each of three sites in which case these cases, law enforcement personnel ily’s interest and that the most important files were tracked. Bench trials (cases in would have the authority to remove a priority was to recover the child safely and which the judge determines guilt or inno- child from a threatening situation. expeditiously. The consensus was that cence) occurred with some frequency prosecutors had to evaluate each case only at one site that actively prosecuted Training and Specialized individually before initiating prosecution. visitation interference cases. Prosecutors Knowledge perceive parental abduction cases as Typically, only custodial interference was extremely difficult to try. Not only must With the exception of the sites that had charged in these cases. In two jurisdictions they prove the elements of an offense, they specialty units (Hudson, Pima, and San visited, prosecutors also filed charges of must refute the defense that the abductor Diego Counties), training on parental child endangerment, burglary, or assault acted to protect the child from the other abduction issues was “on-the-job.” In the related to domestic violence. Only Pima parent’s alleged abusive behavior. jurisdictions that had formal training, the County actively prosecuted misdemeanor topics included Federal and State criminal visitation interference cases through the Victim Advocacy Programs custodial interference laws, the psychoso- county and city attorneys’ offices. cial aspects of the crime, written policies and Reunification Services and procedures involving case processing, The criteria for filing a criminal complaint With the exception of Pima and San Diego effective interventions, and the interplay varied between jurisdictions. The follow- Counties, victim advocates had a minimal between the criminal and civil systems in ing factors were among those identified role in assisting parents and children prior resolving custodial interference disputes. by prosecutors as influencing their deci- to and after a child’s recovery. The victim sions to prosecute: witness advocate of the Pima County At- Most of the personnel interviewed were ◆ torney’s Office and the investigation spe- knowledgeable about their State’s criminal The child and/or abductor could not be located, or the abducting party cialists of the San Diego District Attorney’s custodial interference laws. Sites with a Office have been instrumental in getting large immigrant population—Hudson, refused to return the child. ◆ aggrieved parties access to civil court and Pima, and San Diego Counties—also had The custodial interference was for a legal services and providing assistance personnel familiar with the handling of permanent or protracted period (e.g., during the reunification process. international abduction cases. Personnel 2 to 3 months). at these three sites were knowledgeable ◆ The abductor crossed State lines or about the Hague Convention on the Civil fled the country. Phase 3: Findings From Aspects of International Abduction and ◆ Case File Reviews knew how to access the services of the A custody or visitation order had been U.S. Department of State, the U.S. Customs violated. In the study’s third phase, the criminal jus- Office, and the U.S. Immigration and ◆ Evidence existed of repetitive criminal tice system’s response to parental abduc- Naturalization Service for assistance in conduct on the part of the perpetrator. tion was further examined through a re- locating the abductor and recovering the view of individual case files in three of the abducted child.

6 jurisdictions visited during the study’s sec- ◆ History of drug and alcohol abuse. child had been returned, or the child had ond phase—Hudson, Pima, and San Diego Perpetrators with a history of drug and been taken out of the jurisdiction during Counties. Individual case tracking pro- alcohol abuse, regardless of the source the abduction incident. duced important findings on the process- of that information, were more likely to ing of parental abduction cases through be arrested. Implications of the criminal justice system and on case Nine complainant characteristics were characteristics and their influence on case examined for their relationship with case This Study outcomes. It also corroborated many of outcomes. Four complainant characteris- Emerging from this study is a picture of a the findings of the study’s site visits. tics were associated (either positively or criminal justice system paying relatively Conducted in 1995, data collection negatively) with arrests or the issuance of scant attention to the crime of parental involved abstracting information from an arrest warrant: abduction. As reported in NISMART, an existing paper and computer files in the ◆ Relationship to the child. Cases in estimated 155,800 children are victims of sites’ law enforcement agencies and pros- which child protective services was serious parental abductions in the course ecutors’ offices. The final sample included the complainant were more likely to of a year (Finkelhor, Hotaling, and Sedlak, 80 cases in Hudson County (62 from the result in the perpetrator’s arrest. 1990), yet research from this current Sheriff’s Office and 18 from the prosecut- study indicates that only 30,500 police ing attorney’s office), 96 cases in San ◆ Criminal history. Cases in which the reports are officially registered and only Diego County (all from the District At- complainant had a criminal record an estimated 4,500 arrests for parental torney’s Office), and 94 cases in Pima were less likely to result in the perpe- abduction are made. Of parental abduc- County (80 from the Tucson Police De- trator’s arrest. tions coming to the attention of prosecu- partment and 14 from the county attor- ◆ History of domestic violence. Cases in tors, only 9,200 cases are officially opened ney’s office). which the complainant had a history and only 3,500 criminal complaints are of committing domestic violence were actually filed. Even allowing for the fact Figures 1–3 provide an overview of the that a single reported case may involve characteristics and processing of these less likely to result in the perpetrator’s arrest. the abduction of more than one child, cases in the three jurisdictions. Research- these figures imply a very low response ◆ History of mental illness. Cases in ers considered various characteristics to rate overall. determine whether they were associated which there was an indication of the with the response to and outcomes of complainant’s past mental illness were Although parental abduction is a crime in parental abduction cases—specifically, less likely to result in the perpetrator’s all 50 States and the District of Columbia, whether an arrest was made or arrest arrest. this study’s findings reveal that criminal warrant issued and whether charges One perpetrator characteristic, prior law justice agencies have not implemented (felony or misdemeanor) were filed in enforcement incidents or complaints, was training and other programs that would 5 criminal court. Across all three sites, found to be associated with the filing of educate their staff about custodial inter- 74 complaints of parental abduction re- charges by prosecutors’ offices. The com- ference and enable them to respond more sulted in arrests or the issuance of an plainant’s history of committing child effectively. As stated earlier, this study’s arrest warrant. Fifty of these complaints abuse was also associated with whether findings indicate that the majority of law resulted in the filing of felony and mis- charges were filed in criminal court. enforcement agencies and prosecutors’ demeanor charges. offices do not have written policies and None of the characteristics associated procedures governing the processing of Four of the twelve perpetrator character- with the abducted child (e.g., the number parental abduction cases, do not train istics examined were found to be positive- of children involved in the incident or the staff in how to respond to these cases, ly associated with whether a case result- living situation of the child) was found to and do not have special programs de- ed in an arrest. That is, cases with the be significantly related to case outcomes. signed to specifically address the crime. characteristic were more likely to result This may be attributable in part to the in the perpetrator’s arrest than cases fact that the majority (60 to 78 percent) However, it should be noted that during without it. These perpetrator characteris- of cases in all three sites involved only site visits, several jurisdictions were iden- tics are listed below: one child. tified that have developed promising approaches to handling parental abduc- ◆ Race/ethnicity. Perpetrators identi- Six incident characteristics were exam- tion cases. The characteristics unique to fied as African American, Hispanic, or ined for association with case outcomes; the majority of jurisdictions visited that “other” were more likely to be arrested three were found to be significantly relat- contributed to an enhanced criminal jus- than white, non-Hispanic perpetrators. ed to arrests and arrest warrants: tice response were the following: ◆ Criminal record. Perpetrators with at ◆ The use of a weapon or force. ◆ least one prior arrest were more likely Statutory authority to intervene. to be arrested than perpetrators with ◆ The return of the child to the left- ◆ Agency leaders and staff committed to no prior arrests. behind parent. combating parental abduction. ◆ Prior law enforcement incidents or ◆ The removal of the child from the ◆ Personnel who specialize in the han- complaints between the perpetrator jurisdiction. dling of parental abduction cases. and complainant. A prior complaint The perpetrator was more likely to be ◆ Coordinated agency response. involving law enforcement increased arrested or have an arrest warrant issued ◆ Good agency management practices. the likelihood of arrest. if a weapon or force had been used, the

7 Figure 1: Processing of Parental Abduction Cases in Hudson County, NJ

Sheriff’s Office received complaint 100% (72) Custody No custody Advised to obtain order order/ ...... custody order existed Unknown 25% (18) 68% (49) 32% (23)

Open Arrested/Arrest Not arrested Cleared exceptionally 1% (1) 1% (1) warrant issued 71% (51) Closed/No further action 67% (48) 28% (20) Not in record 3% (2)

Charges filed from arrests Charges made by municipal Charges filed not filed law enforcement 19% (14) 8% (6) jurisdictions 19%* (8)

Misdemeanor Charges filed, Felony charges charges case open 15% (17) 4% (4) 1% (1)

Not indicted Remanded to Dismissed by Pretrial Dismissed Not by grand jury municipal court court with Pled guilty intervention by prosecutor apprehended 7% (8) 5% (6) prejudice 1% (1) 1% (1) 1% (1) 2% (2) 2% (2)

Note: The number of cases is given in parentheses. Also, percentages through the charges-filed level are based on 72 Sheriff’s Office complaints. After the charges-filed level, counts include charges filed from both municipal law enforcement and the Sheriff’s Office (n=22). Accompanying per- centages are based on estimates of all complaints (n=113) from both municipal law enforcement agencies and the Sheriff’s Office. Percentages have been rounded. * This percentage is based on the estimated number of complaints received in municipal law enforcement agencies (n=41), using the ratio of filed cases to complaints found in the Sheriff’s Office.

◆ Access to supportive services (e.g., Legal Reforms that authorize law enforcement interven- legal, family court, mediation, reunifi- Enact comprehensive criminal parental tion and designate the offense a felony. cation, and visitation supervision serv- abduction statutes, such as the model One model of a comprehensive and uni- ices) for agency staff and left-behind Parental Kidnapping Crime Act. The first form parental abduction statute is the parents. step in implementing an enhanced law Parental Kidnapping Crime Act.6 Those The remainder of this section presents enforcement response to parental abduc- interested in enhancing their criminal jus- strategies and recommendations for legal, tion is for a jurisdiction to evaluate its tice system’s response to the crime of programmatic, and policy reforms to current State criminal statutes and case parental abduction should review this enhance the criminal justice system’s law relevant to this crime. If criminal jus- model statute, carefully contrasting it to response to parental abduction. tice agencies are to respond effectively their State’s existing statute. As indicated to the crime of parental abduction, laws in its introduction, the “Act is intended as a must support their efforts. Parental ab- substitute for existing laws that cover the duction will not become a law enforce- issues addressed in [the] statute.” The Act ment priority unless laws are enacted

8 Figure 2: Processing of Parental Abduction Cases in San Diego County, CA

District Attorney’s Office received complaint 100% (195) Custody No custody Advised to obtain order order/ custody order existed ...... Unknown 28% (54) 54% (105) 46% (90)

Open Arrested/Arrest Not arrested Issuance of summons 1% (2) 2% (4) warrant issued 87% (170) Closed/No further action 83% (161) 11% (21) Not in record 4% (7)

Charges not Charges filed filed 4% (8) 7% (13)

Felony charges filed with county attorney 4% (8)

Pled guilty Dismissed by court 4% (7) without prejudice 1% (1)

Note: The number of cases is given in parentheses. Percentages have been rounded. can also serve to enhance the effectiveness Briefly, the Act prohibits parental kidnap- Enact State statutes modeled after of those statutes that are already for the ping that substantially deprives another California’s law and the Uniform Child- most part in conformity with it. The Act’s of his or her right of custody or visitation Custody Jurisdiction and Enforcement primary goal is to produce statutory uni- whether a child has been removed from a Act that authorize prosecutors to in- formity among States because particular State or a custody order has vestigate and prosecute custodial inter- been issued. Of particular note to law ference complaints, including filing [a] uniform approach to the nation- enforcement personnel are provisions pleadings in civil or family court pro- wide problem of parental kidnapping of the Act that authorize them to take a ceedings necessary for the abducted will send this message to parents: child into protective custody under spec- child’s recovery. In addition to California There is no safe haven for child abduc- ified circumstances, including if the child Family Law Code §§ 3130–3134, Title II of tors. Every State treats child abduction “reasonably appears” to be a missing or An Act To Expedite Enforcement of Child as a punishable offense according to abducted child. These provisions also Custody Determinations7 addresses the the same terms. Faced with predict- state that “[a] law enforcement officer role of prosecutors and law enforcement able criminal consequences for pa- and a prosecutor and his or her repre- in taking civil action to enforce custody rental kidnapping, more parents are sentatives shall not be liable for actions orders. For example, the Act provides apt to seek civil solutions to their child taken pursuant to this Act.” among other things that law enforcement custody problems, which is in the best personnel are authorized to seek a court interests of children. (Uthe, 1996:iii) order granting them the right to take

9 Figure 3: Processing of Parental Abduction Cases in Pima County, AZ

Tucson Police Department received complaint 100% (178) Custody No custody Advised to obtain order order/ ...... custody order existed Unknown 3% (5) 52% (93) 48% (85)

Issuance of summons 1% (1) Open Arrested/Arrest Not arrested Cleared exceptionally 6% (10) 2% (4) warrant issued 85% (152) Closed/No further action 40% (71) 12% (22) Not in record 39% (70)

Charges filed from Charges arrests made by Pima Charges filed not filed County Sheriff’s 10% (17) 3% (5) Office 10%* (3)

Misdemeanor Felony charges charges filed filed with county with city attorney attorney 4% (9) 5% (11)

Dismissed by Dismissed by Pled guilty court without court with Unknown 4% (9) prejudice prejudice 1% (1) 3% (6) 2% (4)

Note: The number of cases is given in parentheses. Also, percentages through the charges-filed level are based on 178 Tucson Police Department complaints. After the charges-filed level, counts include charges filed from both the Tucson Police Department and the Sheriff’s Office (n=20). Accompanying percentages are based on estimates of all complaints (n=209) from both the Tucson Police Department and the Sheriff’s Office. Percentages have been rounded. * This percentage is based on the estimated number of complaints received in the Sheriff’s Office (n=31), using the ratio of filed cases to com- plaints found in the police department.

temporary custody of a child in cases in of a child, or enforce a child custody Modify the Missing Children’s Assistance which they would have to travel out of determination. The prosecutor may take Act of 1984 to ensure that information State to recover an abducted child and/or action if there is an existing custody deter- on all parentally abducted children is pick up an offender during extradition mination, a request from a court, a reason- entered into the NCIC database immedi- proceedings. able belief that a criminal statute has been ately upon law enforcement’s receipt of violated, or a reasonable belief that the a report. Site visits revealed that the The Uniform Child-Custody Jurisdiction child was wrongfully removed or retained Missing Children’s Assistance Act (42 and Enforcement Act, approved in 1997 by in violation of the Hague Convention. U.S.C. § 5772 (1)(A) and (B)) is generally the National Conference of Commissioners Section 316 authorizes law enforcement interpreted to mean that if a child’s on Uniform State Laws, contains very simi- personnel to assist prosecutors in carry- whereabouts are known to the child’s lar provisions. Section 315 gives prosecu- ing out their responsibilities under the lawful custodian, information regarding tors statutory authority to take any lawful Act. States should consider adopting the the child and the abductor need not be action, including using a proceeding under Act, including these innovative provisions. entered into the NCIC database. However, the Act to locate a child, obtain the return

10 even in cases in which a child’s where- abouts are known by the lawful custodian, there is always the serious risk that the abducting parent will flee, possibly imme- diately; will subject the child to abuse or neglect; or will be involved in other crimi- nal conduct. Clarifying the Federal law (i.e., clarifying the definition of “missing child”) so that information on all parental- ly abducted children is entered into the NCIC database will ensure that these entries are made more uniformly among States and will facilitate intrastate and interstate communication among law enforcement agencies. It will also enhance the ability of prosecutors who have or may acquire the civil authority to locate and recover abducted children pursuant to the aforementioned Uniform Child- Custody Jurisdiction and Enforcement Act.8 supervisors and those on patrol, should and civil systems in resolving custodial Programmatic and Policy be fully trained in and apprised of agency interference disputes, and community and Reforms policies and procedures. Agencies should other support services (e.g., mediation, evaluate their existing policies and proce- family court, and legal services programs) Recognize that parental abduction is a dures on the general handling of missing that may complement law enforcement serious form of child maltreatment and children’s cases to ensure that parental interventions.9 In addition, to ensure uni- is a crime that must be effectively inves- abduction issues are addressed. In addi- formity among the States in the use of tigated and prosecuted. Leaders of crimi- tion, law enforcement personnel and pros- NCIC, all law enforcement personnel nal justice agencies should advocate for ecutors should assess the need for formal should receive concerted training on the sufficient staff, enhanced computer tech- written protocols governing the appro- appropriate and expeditious entry of ab- nology, and other resources so that staff priate transfer of cases for purposes of duction reports into the NCIC database. are able to make the crime of parental prosecution. Given time constraints for staff training abduction a case priority. Interviews con- and the number of subjects that must be ducted during the study’s site visits re- Develop initial and ongoing training covered, it may be appropriate to incor- vealed that criminal justice system per- programs for all criminal justice system porate specialized training on parental sonnel were overwhelmed with handling personnel on the handling of parental abduction and visitation interference cases of serious violence and other abduction cases, including the psycho- concerns into already existing domestic crimes. Although those interviewed per- social aspects of the crime and the in- violence and child abuse training. Man- ceived parental abduction as a serious, terrelationship of criminal and civil agement and staff should explore the pos- criminal offense, they were also con- forums in resolving custodial interfer- sibility of obtaining technical assistance cerned that unless additional staff and ence disputes. Educating all criminal jus- from the following: the National Center other resources were provided, they tice system personnel, including patrol for Missing and Exploited Children, the would be unable to respond effectively. officers and management, about parental National Center for Prosecution of Child Several interviewees reported the need abduction and effective responses is es- Abuse, the Office of Juvenile Justice and for sufficient and upgraded computer sential to change the assumption that Delinquency Prevention, and the Missing equipment and access to computer tech- parental abduction is not a serious crime. and Exploited Children’s Training and nologies that would allow them to con- The study’s findings indicate that, with Technical Assistance Program.10 nect quickly to data collection systems the exception of a handful of criminal jus- (e.g., Experian credit check and Data tice agencies, most law enforcement per- Establish specialized units made up of Quick) and expedite investigations. sonnel and prosecutors do not receive law enforcement personnel and prosecu- any specialized training on issues, poli- tors skilled in investigating and prose- Develop and implement written policies cies, and procedures relevant to parental cuting the crimes of parental abduction and procedures addressing the handling abduction. (The criminal justice system’s and visitation interference. Given the of parental abduction cases. To institu- current perception of this crime is very complexity of case investigations and tionalize practice and procedure and much like its view of domestic violence recovery efforts and the experiences of ensure a uniform, effective response to 5 to 10 years ago.) Briefly, all agency per- criminal justice personnel in Hudson, reports of parental abduction, it is imper- sonnel should be familiar with Federal and Pima, and San Diego Counties, agencies ative that State and local criminal justice State criminal parental abduction laws, should seriously consider establishing agencies develop and implement policies the psychosocial aspects of the crime, any sufficiently staffed specialty units to allow and procedures specific to the processing written policies and procedures address- for a coordinated and expert response of these cases. As a matter of good man- ing case processing, effective interven- to reports of parental abduction. Patrol agement practice, all personnel, including tions, the interplay between the criminal officers and line staff still need to be

11 knowledgeable about the issues, but staff several large metropolitan areas, parental Advocate for the development and con- specialists can more effectively follow up abductions could easily result in the cross- tinuation of support services that are with necessary investigations, assess the ing of State lines. If a kidnapped child were instrumental in preventing and resolv- appropriateness of law enforcement inter- taken from the District of Columbia to ing custodial interference disputes and ventions, access suitable support servi- Maryland, would Maryland law enforce- that complement criminal justice system ces, and ease the burden on line officers ment agencies have a responsibility to intervention. Criminal justice system per- in resolving custodial interference com- assist in investigating the child’s where- sonnel who are in a position to advocate plaints. These specialists need not be lim- abouts and, if so, what would be the level for enhanced support services should ited to handling only custodial interfer- of assistance? Questions like these could seek to develop and maintain cost- ence cases, especially in jurisdictions be answered in interstate and intrastate effective support services that can pre- that may not have a high number of such written protocols. vent abductions and can provide children cases. Agencies are encouraged to desig- and their families greater access to civil nate two or more staff members who Clarify the role of the FBI in investigat- forums to resolve custodial interference would be comprehensively trained in all ing cases of parental abduction and act- disputes. This support can include legal aspects of handling parental abduction ively seek the FBI’s assistance in appro- services and self-help legal programs, cases and, at the same time, be assigned priate cases. This study found that the family court services, mediation, super- other types of cases. A preferred staffing FBI may not be as actively involved as it vised visitation programs, and education- model would be one such as the Family might be in identifying the whereabouts al forums on parental abduction issues. 11 Criminal justice system Protection Division of the San Diego Dis- of abductors. Moreover, serious thought should be personnel may be unaware of the role the trict Attorney’s Office, which handles not given to appointing independent counsel FBI can play in investigating these cases, only custodial interference but also child for children in civil proceedings and and State and local law enforcement per- abuse and domestic violence cases. developing programs to assist in the sonnel may be concerned about sharing reunification of children with their par- Consider establishing local law enforce- investigative responsibilities. Information ents. Support services offered in both ment missing children’s clearinghouses. on the FBI’s role in handling parental ab- civil and criminal arenas can be instru- Local law enforcement agencies should duction cases needs to be disseminated mental in reducing the need for criminal collaborate more effectively with their through training and other programs to justice system intervention and the risk State missing children’s clearinghouses. State and local law enforcement person- of trauma to the abducted child. In conjunction with this, consideration nel and the general public.12 In addition, should be given to establishing local Federal law enforcement authorities’ han- missing children’s clearinghouses within dling of parental abduction cases warrants Conclusion counties to allow for expert, coordinated further study, including assessing the responses to parental abduction reports. extent of their involvement in investigat- Throughout this study, several individu- One model for this approach could be ing abductions pursuant to the Fugitive als, including project staff and those in that used in Hudson County, where a Felon Act and investigating and prosecut- the field, commented that in addressing number of municipal police agencies refer ing international abductions pursuant to the problem of parental abduction, the parental abduction cases to the Sheriff’s the International Parental Kidnapping focus on the child as victim is often lost. Office, a county agency that employs staff Crime Act. Criminal parental abduction statutes, for specialized in the handling of such cases. instance, speak in terms of one parent Learn about State missing children’s Recognizing that this type of coordination depriving the other of his or her child. clearinghouses, work with them to im- might not be easy to accomplish, given As a result, the parent, not the child, prove coordination and use of servi- agencies’ individual priorities and inter- becomes the aggrieved party. Similarly, ces, and advocate for enhanced clearing- ests, those interested in pursuing such the child’s point of view is too often over- house funding. Given the low priority coordination should keep in mind that looked in these cases, especially if the that most law enforcement agencies place this approach could be cost effective and child’s whereabouts are unknown. Unlike on parental abduction cases and the gen- ease the burden on municipal police other types of child maltreatment cases, eral lack of knowledge about the crime departments in investigating parental in parental abduction cases, investiga- and its handling, it is not surprising that abduction cases. tors often do not have direct contact missing children’s clearinghouses may be with the child. As a result, though un- Develop and implement written interstate underused and, consequently, underfund- intentional, the child’s interests, in con- and intrastate protocols for handling ed. This study revealed the need for trast to his or her parents’, may become cases that involve the investigation and/ enhanced communication between local secondary. or prosecution of parental abduction in law enforcement staff and State clearing- more than one State or within more than houses so that agencies can better under- Criminal justice leaders, legislators, and one municipality in a State. Criminal jus- stand a clearinghouse’s role in providing others in a position to support and imple- tice agencies, especially those located in technical assistance. Police need to be ment specialized programs of intervention neighboring jurisdictions, should examine better informed of their State’s clearing- must be reminded that parental abduction whether interstate and intrastate written house operations and should know how can be a form of serious child maltreat- protocols need to be developed to reduce to access its services. Collaboration ment and is a crime in all 50 States and the the chances that jurisdictional disputes between clearinghouses and local law District of Columbia. Many children will related to agencies’ responsibilities will enforcement is essential if the clearing- benefit if the criminal justice system care- arise during case investigation and prose- houses are to provide the services most fully considers this study’s findings and cution. For example, in the Nation’s useful to law enforcement. recommendations and begins to perceive Northeast corridor, which is made up of this crime as harmful to the well-being of children and their families.

12 For Further Information Early Identification of Risk Factors for major survey findings, selected good Parental Abduction (NCJ 185026). This practices, and recommendations from Additional information about parental Bulletin presents the design and findings the Report Issues in Resolving Cases of abduction is available from the organiza- of four OJJDP-funded studies on prevent- International Child Abduction. tions listed below. Brief descriptions of ing family abductions. The findings pro- Obstacles to the Recovery and Return of selected publications available from each vide information regarding the risk fac- Parentally Abducted Children organization are also provided. tors associated with parental kidnapping (Report: NCJ and strategies that can be used to inter- 144535; Research Summary: NCJ 143458). Organizations vene with at-risk families. These publications present the results of a 2-year study of the legal, policy, proce- Office of Juvenile Justice and Family Abductors: Descriptive Profiles and dural, and practical obstacles to the lo- Delinquency Prevention (OJJDP) Preventive Interventions (NCJ 182788). This cation, recovery, and return of children Child Protection Division Bulletin describes preventive interventions, abducted by a noncustodial parent. They 202–616–3637 such as counseling, conflict resolution, and include recommendations to overcome 202–353–9093 (fax) legal strategies, that seek to settle custody each obstacle and extensive appendixes ojjdp.ncjrs.org and access disputes for families identified that describe the pros and cons of exist- National Center for Missing and as at risk for parental abduction. ing legal procedures for enforcing a cus- tody order, sample forms to be used Exploited Children (NCMEC) A Family Resource Guide on International with existing legal procedures, and sum- 703–274–3900 Parental Kidnapping (NCJ 190448). This maries of both civil and criminal appel- 703–274–2222 (fax) guide presents practical and detailed late decisions. missingkids.com advice about preventing international kid- National Center for Prosecution of napping and increasing the chance that Parental Abduction: A Review of the Child Abuse (NCPCA) children who are kidnapped or wrongful- Literature (Available online only: ojjdp. 703–739–0321 ly retained will be returned. It provides ncjrs.org/pubs/missing.html#186160). 703–549–6259 (fax) descriptions and realistic assessments This online resource summarizes current ndaa-apri.org/apri/NCPCA/Index.html of the civil and criminal remedies avail- research and literature related to the able in international parental kidnapping primary issues involved in parental American Bar Association Center on cases, explains applicable laws and identi- abduction. Children and the Law (ABA CCL) fies both the public and private resources Prevention of Parent or Family Abduction 202–662–1720 that may be called upon when an interna- Through Early Identification of Risk Factors 202–662–1755 (fax) tional abduction occurs or is threatened, abanet.org/child and prepares parents for the legal and (NCJ 182791). Based on analyses of data emotional difficulties they may experience. from several California studies related to Publications child abductions by a noncustodial par- International Parental Kidnapping: A Law ent, this Report outlines a set of charac- OJJDP. The following documents are avail- Enforcement Guide (forthcoming). This teristics of parents who abduct their able from OJJDP (see Publications on its guide provides practical information on children and presents indepth socio- Web site or call the Juvenile Justice Clear- the public and private resources and demographic and legal information inghouse at 800–638–8736) or from the Na- services that are available to assist law about the families of abducted children. tional Criminal Justice Reference Service enforcement in international parental Using Agency Records To Find Missing (visit ncjrs.org or call 800–851–3420). abduction cases. It explains applicable Children: A Guide for Law Enforcement laws, defines agency roles and responsi- Addressing Confidentiality of Records in (NCJ 154633). This Summary focuses on Searches for Missing Children (NCJ 155183). bilities, describes criminal and civil reme- dies, examines methods for prevention procedures for obtaining and using the This Report makes recommendations con- records of certain types of human service cerning law enforcement agencies’ access and interception, and discusses impor- tant issues and procedures to be ad- providers to find missing children. It ex- to records maintained by schools, hospi- amines the use of, access to, barriers to, tals, child welfare agencies, domestic vio- dressed during an international parental abduction case. and limitations of records from schools, lence shelters, and runaway shelters. The medical care providers, runaway shelters, Report also covers information release Issues in Resolving Cases of International and domestic violence shelters. procedures and includes a checklist for Child Abduction (NCJ 182790). This Report When Your Child Is Missing: A Family Sur- maximizing record access from service documents a lack of uniformity in the vival Guide providers. The Report’s appendixes con- application of the Hague Convention (NCJ 170022; Spanish Version: tain additional information and other across countries. It includes case histo- NCJ 178902). This guide, written by par- relevant statistical data on the confiden- ries, survey findings on left-behind par- ents and family members who have ex- tiality of records in searches for missing ents, selected practices in international perienced the disappearance of a child, children, jurisdictions that allow record family abduction cases, and recommenda- explains how parents can best participate access or impose reporting requirements tions for the judicial and legal systems. in the search for a missing child. It dis- in missing children cases, and State laws cusses the parents’ relationship with law affecting record access. Issues in Resolving Cases of International enforcement, examines issues related to Child Abduction by Parents (NCJ 190105). the media, and presents practical infor- This Bulletin provides an overview of the mation about distributing fliers and pho- tos, organizing volunteers, and managing monetary donations.

13 NCMEC. The following documents are serious consequences for both victims Endnotes available from NCMEC (see Education and abductors and recommends that & Resources on its Web site or call prosecution should be seriously consid- 1. The study’s findings and recommenda- 800–843–5678). ered in every parental kidnapping case. tions are discussed in greater detail in the project’s final report, The Criminal Justice Family Abduction. This handbook guides Investigation and Prosecution of Parental System’s Response to Parental Abduction: parents through the civil and criminal jus- Abduction, 2000 (Training Conference Final Report, which is available from the tice systems, explains the laws that will Notebook). This notebook contains train- Juvenile Justice Clearinghouse (call 800– help them, outlines prevention methods, ing materials compiled for the 2000 638–8736 or order online at www.ncjrs. and provides suggestions for aftercare NCPCA Conference, Investigation and org/puborder). Unless otherwise stated, following the abduction. It thoroughly Prosecution of Parental Abduction. legal and other research for this Bulletin details search and recovery strategies Parental Kidnapping, Domestic Violence was concluded in mid-1996. Readers wish- and contains advice for attorneys, prose- and Child Abuse: Changing Legal Re- ing to rely on a particular legal reference cutors, and family court judges handling sponses to Related Violence. should check the law itself to find accu- these cases. This mono- graph will assist investigators and pros- rate, updated language and citation International Forum on Parental Child ecutors in developing appropriate information. Abduction: Hague Convention Action responses to the interrelated crimes of 2. A detailed discussion of NISMART 2, Agenda. This report details the findings parental kidnapping, domestic violence, which is currently under way, can be of a forum held in September 1998 to and child abuse. found in Hanson, L., 2000, Second Compre- study the Hague Convention on the Civil hensive Study of Missing Children, Bulletin, Aspects of International Child Abduction. ABA CCL. The following documents are Washington, DC: U.S. Department of Jus- It offers 12 action/agenda items to help available from ABA CCL (see Issues/ tice, Office of Justice Programs, Office strengthen implementation of the Hague Parental Kidnapping on its Web site). of Juvenile Justice and Delinquency Convention. Hague Child Abduction Convention Issue Prevention. “The Kid Is With a Parent, How Bad Can It Briefs. This 1997 material consists of four 3. The survey instrument made the Be?”: The Crisis of Family Abductions. This issue briefs that can help attorneys han- inquiry as to “whether . . . joint custody” issue brief discusses the seriousness of dle cases that fall under the Hague Con- was a factor in taking a report or influ- the problem of family abduction, consid- vention on the Civil Aspects of Inter- enced the investigative priority assigned ers whether the problem is growing, and national Child Abduction. to a case. Whether a court order was examines the challenges and opportuni- The Hague Convention: A Curriculum for necessary to have “joint custody” was ties this crime poses to policymakers. American Judges and Lawyers. This 1997 left to the interpretation of the respond- ing agency. Missing and Abducted Children: A Law- publication explains how the Hague Con- Enforcement Guide to Case Investigation vention can be used effectively within the 4. The law mentioned in the section and Program Management. This guide, United States in international parental “Phase 2: Findings From Site Visits” was authored by a team of 38 professionals kidnapping cases. the law in effect at the time of the site visits and was current as of 1995. from local, State, and Federal agencies, Parental Kidnapping Prevention and Reme- outlines a standard of practice for law dies. This 1997 material is designed to 5. Characteristics that were missing more enforcement officers handling several help attorneys better understand parental than 30 percent of the data were eliminat- types of missing child cases, including abduction cases and applicable laws. It ed from the chi-square analysis. runaways, thrownaways, family/nonfamily includes practical tips on protections that 6. See Uthe (1996). The Act also appears abductions, and disappearances in which can be placed in child custody orders in an appendix to The Criminal Justice the circumstances are unknown. that may help prevent an abduction, tips System’s Response to Parental Abduction: When Your Child Is Missing: A Family Sur- that lawyers can give their parent clients, Final Report (see note 1). a review of possible legal actions that can vival Guide. Also available from OJJDP; 7. The full text of the Act with commen- see above for description. be taken on parents’ behalf, and govern- mental resources that can be used to help tary can be found in Volenik and Uthe NCPCA. The following documents are in these cases. (1993). available from NCPCA (see Publications 8. In accordance with NCIC 2000, techno- Parental Kidnapping Law Reform Package. on its Web site). logical capabilities are improving. As part This package, produced in 1996, contains of the improvement effort, guidelines are Charging the Parental Kidnapping Case. three proposed State laws related to being developed and implemented. In This monograph assists prosecutors in parental abduction that can be adopted light of this Bulletin’s NCIC-related find- determining appropriate charges and sen- by State legislatures. The laws are the ings, the NCIC 2000 code for missing tencing recommendations. It notes that an Parental Kidnapping Crime Act, Missing persons should state “parental abduc- aggressive investigative and prosecutorial Children Record Flagging Act, and Tor- tion” rather than “noncustodial parent approach sends the message that par- tious Interference With Child Custody abduction.” The present code is too nar- ental kidnapping is a serious crime with and Visitation Act. row a construct because sometimes

14 custodial parents conceal children in 11. In addition to the FBI, a number of other References violation of the other parent’s visitation Federal agencies can be of assistance to rights. Codes should also expressly allow criminal justice system personnel working Finkelhor, D., Hotaling, G., and Sedlak, A. entry of abducting parents who are miss- on parental abduction cases. An excellent 1990. Missing, Abducted, Runaway, and ing into the NCIC database, regardless of guide to this support is Federal Resources Thrownaway Children in America; First custodial or criminal status. It is impera- on Missing and Exploited Children: A Dir- Report: Numbers and Characteristics, tive that the proposed NCIC 2000 guide- ectory for Law Enforcement and Other Public National Incidence Studies. Washington, lines relative to parental abduction (inter- and Private Agencies (3rd ed., May 2001), DC: U.S. Department of Justice, Office of state and international) be reviewed to prepared by Fox Valley Technical College Justice Programs, Office of Juvenile ensure that they facilitate, not hinder, the under a cooperative agreement with OJJDP. Justice and Delinquency Prevention. identification and recovery of abducted For further information on obtaining this Girdner, L. 1993. Introduction. In Obstacles children, regardless of whether a custodi- document, call the Juvenile Justice Clear- to the Recovery and Return of Parentally an, noncustodian, or other person inghouse at 800–638–8736. Abducted Children, Final Report, edited by abducts them. 12. In January 2000, the FBI expanded its L. Girdner and P. Hoff. Washington, DC: 9. See Parental Abduction: A Review of Office of Crimes Against Children into the U.S. Department of Justice, Office of Jus- the Literature (ojjdp.ncjrs.org/pubs/ Crimes Against Children Unit (CACU). tice Programs, Office of Juvenile Justice missing.html#186160) for more informa- CACU is staffed by supervisory special and Delinquency Prevention. tion about many of these topics. A agents and support professionals who Uthe, J. 1996. Parental Kidnapping Crime description of this document can be focus on all crimes under the FBI’s juris- Act. In Parental Kidnapping Law Reform found under “For Further Information.” diction that in any way involve the victim- Package, edited by L. Girdner and P. Hoff. ization of children. The staff provide 10. The Missing and Exploited Children’s Washington, DC: U.S. Department of Jus- program management and fieldwide inves- Training and Technical Assistance Pro- tice, Office of Justice Programs, Office tigative oversight over these critical FBI gram, funded through a grant to Fox Val- of Juvenile Justice and Delinquency operations. The mission of CACU is to ley Technical College and overseen by Prevention. OJJDP’s Child Protection Division, cur- provide a quick, effective response to all rently offers five different week-long incidents under its jurisdiction, thereby Volenik, A., and Uthe, J. 1993. Chapter 6: training programs, including a program increasing the number of victimized chil- Obstacles to the recovery and return of on Responding to Missing and Abducted dren recovered and reducing the number parentally abducted children. In Obstacles Children. of crimes in which children are victimized. to the Recovery and Return of Parentally Abducted Children, Final Report, edited by L. Girdner and P. Hoff. Washington, DC: U.S. Department of Justice, Office of Jus- Acknowledgments tice Programs, Office of Juvenile Justice At the time of this Bulletin’s development, Kathi L. Grasso, J.D., was Director of and Delinquency Prevention. the Child and Adolescent Health Law Program at the American Bar Association’s Center on Children and the Law. She is now Director of OJJDP’s Research and This Bulletin was prepared under grant num- Development Division. Andrea J. Sedlak, Ph.D., is Associate Director of Human ber 93–MC–CX–0010 from the Office of Juvenile Services Research at Westat. Janet L. Chiancone, M.S., is a Program Manager Justice and Delinquency Prevention, U.S. in the Office of Juvenile Justice and Delinquency Prevention’s Research and Department of Justice. Program Development Division. Frances Gragg, M.A., is a Senior Project Director at Westat. Dana Schultz, M.P.P., is a Project Analyst at Westat. Joseph F. Ryan, The Office of Juvenile Justice and Delin- Ph.D., is a former detective with the New York City Police Department and current- quency Prevention is a component of the Of- ly the Chair of the Department of Criminal Justice and Sociology at Pace Univer- fice of Justice Programs, which also includes sity in New York and a nationally recognized expert on police response to intimate the Bureau of Justice Assistance, the Bureau violence. of Justice Statistics, the National Institute of Other individuals involved with this research included Susan J. Wells, Ph.D., Justice, and the Office for Victims of Crime. Patricia Hoff, Esq., Diane D. Broadhurst, M.L.A., and Lisa Altenbernd. Project Advisory Board members were Martha-Elin Blomquist, Ph.D., Judge Christopher Foley, and Janet Kosid Uthe, Esq. Photo on page 3 © 1998–2001 PictureQuest, Inc.; photo on page 5 © 1997–99 PhotoDisc, Inc.; photo on page 11 © 2001 Corbis Corporation.

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Bulletin NCJ 186160