[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]
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