Federal Statutes
Uniform Child Custody Jurisdiction Act (UCCJA), 9 ULA at 123
The Uniform Child Custody Jurisdiction Act (1968) creates guidelines
to avoid jurisdictional competition and conflict with courts of other
states in matters of child custody, promote cooperation with the courts
of other states, and facilitate the enforcement of custody decrees
of other states.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA),
9 ULA at 115 (part1)
This is a complete description of the uniform state law that replaces
the Uniform Child Custody Jurisdiction Act. Almost every state has adopted
the UCCJEA since it became available in 1997, the rest are considering
it, and in all likelihood the UCCJEA will become the law of every state
and the District of Columbia within a few years. It governs jurisdiction
in interstate custody and visitation cases, requires interstate enforcement
and non-modification of sister-state custody orders, and authorizes public
officials to play a role in civil child custody enforcement and cases involving
the Hague Convention on the Civil Aspects of International Child Abduction.
Juvenile Justice and Delinquency Prevention Act
The Juvenile Justice and Delinquency Prevention Act (1974) has been amended
numerous times; however, the overall purposes remain the same, including
to provide technical assistance to public and private nonprofit juvenile-justice
and delinquency-prevention programs, establish training programs for
persons who work with delinquents or potential delinquents or whose
work or activities relate to juvenile-delinquency programs, establish
a federal assistance program to deal with the problems of runaway and
homeless youth, and assist states and local communities to prevent
youth from entering the justice system.
Hague Convention on the Civil Aspects of International Child
Abduction
The Hague Convention on the Civil Aspects of International Child Abduction
(1980) establishes procedures to ensure the prompt return of children
wrongfully removed to or retained in a country other than that of their
habitual residence.
International Child Abduction Remedies Act, 42 USC
11601 et seq.
The International Child Abduction Remedies Act (1988) implements
the Hague Convention on the Civil Aspects of International Child Abduction
and authorizes state and federal courts to hear cases under the Convention.
Parental Kidnapping Prevention Act (PKPA), 28 USC 1738 A
The Parental Kidnapping Prevention Act (1980) assures that full faith
and credit is given to child-custody determinations. States may honor
and enforce custody determinations made in other states as long as
certain requirements listed by the Act are satisfied.
Missing Children Act, 28 USC 534
The Missing Children Act (1982) authorizes the Attorney General to collect
and exchange information that would assist in the identification of
unidentified deceased individuals and the location of missing persons,
including missing children.
Missing Children's Assistance Act, 42 USC 5771
The Missing Children's Assistance Act (1984) directs the Administrator
of the Office of Juvenile Justice and Delinquency Prevention to establish
and operate a national toll-free telephone line for missing children
and a national resource center and clearinghouse.
National Child Search Assistance Act, 42 USC 5779-80
The National Child Search Assistance Act of 1990 requires each federal,
state, and local law-enforcement agency to enter information about
missing children younger than the age of 18 into the Federal Bureau
of Investigation's (FBI) National Crime Information Center (NCIC) database.1
The Act also establishes state reporting requirements.
Adam Walsh Child Protection and Safety Act
The Adam Walsh Child Protection and Safety Act (2006) amended a portion
of the National Child Search Assistance Act to mandate law enforcement
entry of information about missing and abducted children into the National
Crime Information Center (NCIC) database within two hours of receipt
of the report.
International Parental Kidnapping Crime Act (IPKCA), 18 USC
1204
The International Parental Kidnapping Crime Act of 1993 makes it a federal
crime to remove a child from the United States or retain a child, who
has been in the United States, outside the United States with the intent
to obstruct the lawful exercise of parental rights.
Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act, 42 USC 14071
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act (1994) prescribes a 10-year registration requirement
for offenders convicted of sexually violent offenses or criminal offenses
against a victim who is a minor. Sexually violent predators have additional
registration requirements.
Prosecutorial Remedies and Other Tools to End the Exploitation
of Children Today Act
The Prosecutorial Remedies and Other Tools to End the Exploitation of
Children Today Act of 2003, otherwise known as the PROTECT Act, gives
law-enforcement authorities valuable tools to deter, detect, investigate,
prosecute, and punish crimes committed against children; strengthens
laws against child pornography; and addresses deficiencies in federal
sentencing policies and practices. Provisions that relate specifically
to missing or abducted children include an increase in the base-offense
level for kidnapping; a mandatory 20-year sentence for an offender whose
kidnapping victim is a nonfamily-member minor; attempt liability for
international parental kidnapping; Suzanne's Law, which requires each
federal, state, and local law-enforcement agency to enter information
about missing children younger than the age of 21 into the FBI's NCIC
database; America's Missing: Broadcast Emergency Response (AMBER) Alert
provisions calling for the national coordination of state and local AMBER
Alert programs, including the appointment of a national AMBER Alert coordinator2
and the development of guidelines for the issuance and dissemination
of AMBER Alerts; a Code ADAM program that requires designated authorities
for public buildings to establish procedures for locating a child who
is missing in the building;3 and making the statute of limitations for
crimes involving the abduction of a child the life of the child.
1The PROTECT Act has amended this provision of the National Child Search
Assistance Act of 1990.
2Deborah Daniels, an Assistant Attorney General with the Office of Justice
Programs, was named coordinator by the Attorney General John Ashcroft
on October 2, 2002.
3
"Public building" means any building, or portion thereof,
owned or leased for use by the federal government.
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