[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66073-66074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31106]
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DEPARTMENT OF STATE
Bureau of Consular Affairs, Overseas Citizens Services
22 CFR Part 94
[Public Notice 2290]
International Child Abduction
AGENCY: Department of State.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends regulations regarding incoming
parental abduction cases pursuant to the Hague Convention on the Civil
Aspects of International Child Abduction. Incoming cases will be
processed by a non-governmental organization with oversight by the
Department of State.
DATES: Effective Date: December 21, 1995. Comments are due on or before
January 22, 1995.
ADDRESSES: Interested persons are invited to submit comments in
duplicate to the Director of the Office of Children's Issues, Bureau of
Consular Affairs, Room 4811, U.S. Department of State, Washington, DC
20520; fax: 202-647-2835.
FOR FURTHER INFORMATION CONTACT: Leslie Rowe, Director of the Office of
Children's Issues, Room 4811, U.S. Department of State, Washington,
D.C. 20520. tele: 202-647-2688.
SUPPLEMENTARY INFORMATION: Since 1988, the Bureau of Consular Affairs
has served as the U.S. Central Authority under the Hague Convention on
the Civil Aspects of International Child Abduction. As U.S. Central
Authority, the Office of Children's Issues is responsible for
processing all Hague Convention applications seeking the return of
children wrongfully removed or retained in the United States or any
other Hague Convention contracting state. In addition, the U.S. Central
Authority is responsible for facilitating access rights under the
Convention. The Office of Children's Issues processes approximately 700
Hague Convention applications annually; roughly 300 of these cases are
incoming cases, i.e., applications for the return of a child wrongfully
removed to or retained in the United States.
The processing of incoming Hague applications requires case
officers to
[[Page 66074]]
communicate with foreign Central Authorities about incoming cases, to
determine the whereabouts of children wrongfully taken to the United
States, to attempt to promote voluntary return of abducted children,
and to facilitate the initiation of judicial proceedings with a view
toward securing the return of abducted children. Many of the case
officer functions involve extensive contact with local law enforcement
officials, social service agencies, legal aid organizations and local
bar associations.
The Office of Children's Issues has recently entered into an
agreement with the Department of Justice's Office of Juvenile Justice
and Delinquency Prevention, and the National Center for Missing and
Exploited Children (National Center). Under this agreement, the
National Center will assist the U.S. Central Authority in fulfilling
its responsibilities under the Hague Convention.
The National Center, a non-governmental organization, is a national
resource center and clearinghouse that provides technical assistance to
parents seeking to locate and recover children missing in the United
States. For more than ten years, the National Center has been
performing case management and analysis functions for domestic
abductions; it handles more than 1,200 parental child abduction cases
annually. By agreement with the Department of Justice, the National
Center provides legal technical assistance, maintains a toll-free
hotline as well as an online information network, and operates a photo
distribution service.
Transferring specified case officer functions to the National
Center with respect to incoming Hague Convention cases will result in
the provision of better service to parents seeking the return of
children under the Convention. Parents will benefit from the National
Center's expertise in finding missing children and liaising with
contacts in the local law enforcement and social services communities.
This transfer of case officer functions to the National Center will
not in any way alter the role of the State Department as U.S. Central
Authority under the Hague Convention. The Office of Children Issues
will continue as the U.S. Central Authority under the Convention and
will retain ultimate responsibility for all incoming cases. Under the
agreement, all inherently governmental functions, including matters of
Hague Convention interpretation and policy direction are to be carried
out by the Department of State. Congressional and White House
correspondence as well as media relations will continue to be handled
by the Office of Children's Issues.
The Department of State is publishing this as an interim final
rule, rather than as a notice of proposed rulemaking as allowed by 5
U.S.C. 553(b)(3)(B) when an agency determines, for good cause, that it
is unnecessary to publish a proposed rule. The Department of State has
determined that publication of a proposed rule is unnecessary, as the
transfer of responsibility over incoming Hague Convention cases to the
National Center primarily affects workload distribution and management
of U.S. Central Authority functions. The Department of State's Office
of Children's Issues will continue to perform all inherently
governmental functions of the U.S. Central Authority.
This rule is exempt from E.O. 12866, but nonetheless has been
reviewed and found to be consistent with the objectives and policies
thereof. This rule is not expected to have a significant impact on a
substantial, number of small entities under the criteria of the
Regulatory Flexibility Act, 5 U.S.C. 605(b). In addition, this rule
would not impose information collection requirements under the
provisions of the Paperwork Reduction. Act, 44 U.S.C. Chapter 35. Nor
does this rule have federalism implications warranting the preparation
of a Federalism Assessment in accordance with E.O. 12612. This rule has
been reviewed as required by E.O. 12778 and certified to be in
compliance therewith.
List of Subjects in 22 CFR Part 94
Infants and children, reporting and recordkeeping requirements,
Treaties.
For the reasons set forth in the preamble, 22 CFR 94 is amended as
follows:
PART 94--INTERNATIONAL CHILD ABDUCTION
1. The authority citation for part 94 continues to read as follows:
Authority: Hague Convention on the Civil Aspects of
International Child Abduction; International Child Abduction
Remedies Act, Pub. L. 100-300.
2. Section 94.6 is amended by revising the introductory text and
paragraph (1), removing paragraph (k), redesignating paragraphs (a)
through (j) as paragraphs (b) through (k), and adding a new paragraph
(a) to read as follows:
Sec. 94.6 Procedures for children abducted to the United States.
The National Center for Missing and Exploited Children shall act
under the direction of the U.S. Central Authority and shall perform the
following operational functions with respect to all Hague Convention
applications seeking the return of children wrongfully removed to or
retained in the United States or seeking access to children in the
United States:
(a) Receive all applications on behalf of the U.S. Central
Authority;
* * * * *
(l) Perform such additional functions as set out in the
``Cooperative Agreement Adjustment Notice'' between the Department of
State, Department of Justice, and National Center for Missing and
Exploited Children.
Dated: November 3, 1995.
Mary A. Ryan,
Assistant Secretary of State for Consular Affairs.
[FR Doc. 95-31106 Filed 12-20-95; 8:45 am]
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