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S. 321 - The Missing Children Act - Legislation by Hysteria

NCJ Number
104092
Journal
University of Dayton Law Review Volume: 11 Issue: 3 Dated: (Summer 1986) Pages: 671-708
Author(s)
S N Elliott; D L Pendleton
Date Published
1986
Length
38 pages
Annotation
After outlining the history of Federal and State missing children laws, this article reviews the history and content of Ohio's missing children law (S. 321) and analyzes its costs, benefits, and probable effects.
Abstract
S. 321, enacted in 1985, establishes a civil action for interference with a possessory interest in a child and creates the criminal offense of child enticement. It also provides guildelines for police, human services, and educational agencies regarding missing child reports and missing children generally. Some effects of S. 321 will be beneficial. Law enforcement agencies are encouraged to cooperate with other police and social agencies in dealing with missing child reports. This should improve police-community relationships and increase police effectiveness in addressing many problems. The law encourages schools to develop prevention programs. Regarding guidance for police investigations of missing child reports, mandated procedures do not sufficiently standardize and coordinate efforts at the State and national levels. Overall, the legislation does not reflect a probing analysis of the extent and nature of the problem of missing children. Instead, it tends to foster public and children's fears of predatory strangers out of proportion to the extent of the threat. For parents of children abducted by strangers, the act does not provide sufficient legal assistance and remedies. 267 footnotes.