[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Rules and Regulations]
[Pages 7069-7070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4192]
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DEPARTMENT OF STATE
Bureau of Consular Affairs, Overseas Citizens Services
[Public Notice 2337]
22 CFR Part 94
International Child Abduction
AGENCY: Department of State.
ACTION: Final rule.
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[[Page 7070]]
SUMMARY: This 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.
EFFECTIVE DATE: December 21, 1995.
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 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's 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.
This rule was published as an interim rule in the Federal Register
on December 21, 1995. Comments were requested, and none were received.
It is being adopted without change. This rule was published as an
interim rule rather than a proposed rule because the Department of
State determined that publication of a proposed rule was unnecessary,
as the transfer of responsibility over incoming Hague Convention cases
to the National Center would primarily affect 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
will not impose information collection requirements under the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter
35, as amended. 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.
For the reasons set forth in the preamble, the interim rule
amending 22 CFR part 94 published on December 21, 1995 (60 FR 66073),
is adopted as a final rule without change.
Dated: February 13, 1996.
Mary A. Ryan,
Assistant Secretary of State for Consular Affairs.
[FR Doc. 96-4192 Filed 2-23-96; 8:45 am]
BILLING CODE 4710-06-M
