NCJ Number
90280
Date Published
1983
Length
9 pages
Annotation
Since December 23, 1983, all United States Attorneys' offices handle parental kidnapping felonies on the same basis as other fugitive felony requests.
Abstract
The Parental Kidnapping Prevention Act (PKPA) of 1980 applies the unlawful flight statute to cases involving parental kidnapping and resulting interstate or international flight to avoid prosecution under applicable State felony statutes. The unlawful flight statute is not an alternative to interstate extradition. In addition, as a matter of policy, FBI aid is not authorized when the location of the fugitive is known to the requesting State law enforcement agency. After the passage of the PKPA, DOJ modified its guidelines limiting involvement in parental kidnapping. The policy guidelines were relaxed by reducing the standard for intervention from 'serious bodily harm' to an 'abuse or neglect' standard. In 1981, DOJ considered 129 requests for unlawful flight warrants. It authorized FBI involvement in 48 cases and declined involvement in 81 cases. In 1982, FBI involvement was authorized in 46 cases and declined in 36 cases. Congress and others criticized the kidnapping policy guidelines, however. The subsequent review led to the indefinite suspension of the guidelines. This policy change will be reviewed in about a year. DOJ continues to believe that the unlawful flight statute should apply to serious criminal cases and should not be used merely as a pretext for enforcing compliance with child custody decrees. However, the policy change should significantly increase FBI assistance to State law enforcement agencies seeking fugitives wanted for parental kidnapping.