[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 632 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 632

 To create a national child custody database, to clarify the exclusive 
     continuing jurisdiction provisions of the Parental Kidnapping 
            Prevention Act of 1980, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 28 (legislative day, March 27), 1995

Mr. Domenici (for himself, Mr. Biden, Mrs. Kassebaum, Mr. Bingaman, Mr. 
 Jeffords, and Mr. Wellstone) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To create a national child custody database, to clarify the exclusive 
     continuing jurisdiction provisions of the Parental Kidnapping 
            Prevention Act of 1980, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Custody Reform Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) parents who do not find a child custody ruling to their 
        liking in one State will often start a custody proceeding in 
        another State in the hope of obtaining a more favorable ruling;
            (2) although Federal and State child custody jurisdictional 
        laws were established to prevent this situation, gaps still 
        exist that allow for confusion and differing interpretations by 
        various State courts, and which lead to separate and 
        inconsistent custody rulings between States;
            (3) in the event that a different ruling is handed down in 
        the second State's court, the problem then arises of which 
        court has jurisdiction, and which ruling should be granted full 
        faith and credit under the Parental Kidnapping Prevention Act 
        of 1980;
            (4) changes in the Parental Kidnapping Prevention Act of 
        1980 must be made that will provide a remedy for cases where 
        conflicting State rulings exist--
                    (A) to prevent different rulings from occurring in 
                the first instance by clarifying provisions with regard 
                to continuing State jurisdiction to modify a child 
                custody order; and
                    (B) to assist the courts in this task by 
                establishing a centralized, nationwide child custody 
                database; and
            (5) in the absence of such changes, parents will continue 
        to engage in the destructive practice of moving children across 
        State borders to escape a previous custody ruling or 
        arrangement, and will continue to use their helpless children 
        as pawns in their efforts at personal retribution.

SEC. 3. MODIFICATION OF REQUIREMENTS FOR COURT JURISDICTION.

    Section 1738A of title 28, United States Code, is amended--
            (1) by amending subsection (d) to read as follows:
    ``(d)(1) Subject to paragraph (2), the jurisdiction of a court of a 
State that has made a child custody determination in accordance with 
this section continues as long as such State remains the residence of 
the child or of any contestant.
    ``(2) Continuing jurisdiction under paragraph (1) shall be subject 
to any applicable provision of law of the State that issued the initial 
custody determination in accordance with this section, when such State 
law establishes limitations on continuing jurisdiction when a child is 
absent from such State.'';
            (2) in subsection (f)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (1), respectively; and
                    (B) in paragraph (1), as so redesignated, by 
                inserting ``pursuant to subsection (d),'' after ``the 
                court of the other State no longer has jurisdiction,''; 
                and
            (3) in subsection (g), by inserting ``or continuing 
        jurisdiction'' after ``exercising jurisdiction''.

SEC. 4. ESTABLISHMENT OF NATIONAL CHILD CUSTODY REGISTRY.

    Section 453 of the Social Security Act (42 U.S.C. 653) is amended 
by adding at the end the following new subsection:
    ``(g)(1) Subject to the availability of appropriations, the 
Secretary of Health and Human Services, in cooperation with the 
Attorney General, shall expand the Federal Parent Locator Service 
established under this section, to establish a national network to 
allow State courts to identify every proceeding relating to child 
custody jurisdiction filed before any court of the United States or of 
any State. Information identifying custody determinations from other 
countries will also be accepted for filing in the registry.
    ``(2) As used in this subsection--
                    ``(A) the term `information' includes--
                            ``(i) the court or jurisdiction where a 
                        custody determination is filed;
                            ``(ii) the name of the presiding officer of 
                        the issuing court;
                            ``(iii) the names and social security 
                        numbers of the parties;
                            ``(iv) the name, date of birth, and social 
                        security numbers of each child; and
                            ``(v) the status of the case;
                    ``(B) the term `custody determination' has the same 
                meaning given such term in section 1738A of title 28, 
                United States Code;
                    ``(C) the term `custody proceeding'--
                            ``(i) means a proceeding in which a custody 
                        determination is one of several issues, such as 
                        a proceeding for divorce or separation, as well 
                        as neglect, abuse, dependency, wardship, 
                        guardianship, termination of parental rights, 
                        adoption, protection from domestic violence, 
                        and Hague Child Abduction Convention 
                        proceedings; and
                            ``(ii) does not include a judgment, decree, 
                        or other order of a court regarding paternity 
                        or relating to child support or any other 
                        monetary obligation of any person, or a 
                        decision made in a juvenile delinquency, status 
                        offender, or emancipation proceeding.
    ``(3) The Secretary of Health and Human Services, in cooperation 
with Attorney General, shall promulgate regulations to implement this 
section.
    ``(4) There are authorized to be appropriated such sums as are 
necessary to carry out this subsection.''.

SEC. 5. SENSE OF SENATE REGARDING SUPERVISED VISITATION CENTERS.

    It is the sense of the Senate that local governments should take 
full advantage of the Local Crime Prevention Block Grant Program 
established under subtitle B of title III of the Violent Crime Control 
and Law Enforcement Act of 1994, to establish supervised visitation 
centers for children who have been removed from their parents and 
placed outside the home as a result of abuse or neglect or other risk 
of harm to them, and for children whose parents are separated or 
divorced and the children are at risk because of physical or mental 
abuse or domestic violence.
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