U.S. Department of State Bureau of Consular Affairs Office of Childrens Issues

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Michelle Bernier-Toth, Director, Office of Children's Issues

Welcome. We are very pleased to have you here, and know many of you have traveled long distances to attend. Whether you have come from California or just around the corner, you have all gone through a lot, and it is this shared experience that will contribute to today’s program. I am very pleased to have our Assistant Secretary here, and she will stay throughout the day to meet you and listen to you.

Before we begin the program, I wanted to go over the schedule and a few administrative details, to ensure that things run smoothly.

The first part of the morning involves an exchange of information, to provide a basis for later discussions. Following the panel presentations, you will have the opportunity to ask questions of the panelists. You can do this by using the microphone in the middle of the room, or submitting your questions forward in writing. We have provided you with a question sheet in your packet, so that you can jot down your question. That way, if people have more questions than we can answer in the allotted timeframe, we can follow up after this event. If you write your name on the question sheet, we can provide you a direct response.

A note about questions—thank you to all of you who sent in questions in advance of this event. We found your questions and comments very useful as we worked to develop the program. While we may not be able to respond directly to each and every question, I think we’ll manage to cover a good number of the issues you raised. Some of the specific topics you asked about will be dealt with in the workshop sessions. Yet others may serve as the basis for a set of “frequently asked questions” that we hope will be useful to you and others.

After the panel presentations and Q/A session, we will ask that you each select one of the four workshop tables, where we will do some collective brainstorming. Following lunch, you can switch and join a second table. The afternoon workshop session covers the same topics as the first, so you will have an opportunity to participate in a second workshop. Descriptions of the workshops are in your welcome packets.

I would like to mention that, in addition to Assistant Secretary Harty, we have other senior Consular Affairs representatives here today. Deputy Assistant Secretary for Overseas Citizens Services Dianne Andruch, and Michele Thoren Bond, the Managing Director for Overseas Citizens Services.

Country officers from both CI and NCMEC will be here throughout the day. In addition, I am pleased to note that representatives from both the Association of Missing and Exploited Children Organizations and Team Hope are present to serve as resources for you, and to answer any questions you have for them.

You can identify any of us by our sunshine yellow badges.

Lunch is a no-host event, and there is a list of nearby restaurants in your welcome packet. We will break as scheduled, and push you out the door for a bit of fresh air – so we have as productive an afternoon as I’m sure the morning will be.

At the end of the day, Mr. Duane Bowers will talk to us on the topic of handling loss. Having heard about Mr. Bowers from those who have seen his presentation, I think it will be extremely useful to all of us.

On each of your tables, there is a suggestion box. And you have suggestion forms in your packets. You can use these in a variety of ways—to offer “big picture” suggestions on how we work with you, to how we’ve organized this meeting. If you think of additional ideas after you leave here today, send them to us. We want your ideas and feedback.

One last note. As we explained to many of you, this event was limited to parents who are working with our office to resolve their cases. We did not include the press, or representatives from the Hill, or other interested parties—largely due to space limits and logistical considerations, but also so that we would all have a chance to talk and listen to each other, while respecting your right to privacy. As many of you know, the Privacy Act prevents us from discussing your case publicly unless you give us written consent. This includes talking to the media, Members of Congress, and even your family members. We have a stack of PAWs on our hand-outs table. If you have never filled one of these out, can’t remember if you’ve filled one out, or would like to update your waiver, please feel free to take a form and either give it back to us today, or send it in later.

I think that covers most of the bases. And, with that, I’d like to introduce Assistant Secretary Maura Harty, who is the person you really want to hear from…

Assistant Secretary for Consular Affairs, Maura Harty

Good morning, and welcome. My name is Maura Harty, and I am the Assistant Secretary for Consular Affairs. I am delighted to have this opportunity to meet with you for what I hope will be a productive and informative day. I have been in this job for just three months, and it has been a very busy three months—and things are only going to get more hectic. But I thought it was critical to meet with you as early on in my tenure as possible, not just to share my goals but, more importantly, to hear your ideas and concerns, so that we identify steps we can take to move forward.

I do not need to tell any of you how awful international parental child abduction is. You know that, first hand. I have read the messages that many of you have sent, detailing the agony you have experienced since your child was either abducted and taken from you to another country, or wrongfully retained abroad. I have read your messages describing the pain of not being able to maintain a meaningful relationship with your child, due to an abduction. I am not a parent, so I can only begin to imagine the heartache you live with every day. But all of you are here today because you have not given up or given in. I cannot tell you how much I admire your strength, your courage, and your commitment.

You motivate and inspire us.

We are here to work with you. Our goal, as I emphasize whenever I meet with foreign government officials, is that children who have been abducted from the United States, or wrongfully retained in another country, must be returned to their home in the u.s. In some instances, the Hague convention provides us with the mechanism to achieve this—but as many of you will attest, the Hague convention does not work equally well in all countries. In some countries, for example, courts hearing Hague cases are more likely to deny a child’s return based on a taking parent’s assertion that there is grave risk of physical or psychological harm if the child is returned. Where we believe that the Hague process does not function as it should, we will continue to press countries to improve their compliance with the treaty while finding solutions to individual cases.

In other countries, where the Hague is not an option, we often face an uphill struggle. This is particularly true where the foreign legal system is very different from that of the United States. In such cases, we want to explore ways to work with foreign governments to find solutions.

I want to say one thing up front. Our job is to protect American citizens abroad—especially our smallest citizens, who cannot speak for themselves. Part of this protection involves ensuring that Americans receive fair and equal treatment under the law. Where foreign legal systems put American parents at a disadvantage, we have a problem that will affect our bilateral relations with that country. Similarly, when foreign authorities fail to enforce their own court orders, we have a problem. In those situations, we will insist that foreign governments do what their own laws require. In meetings with foreign officials here in Washington and overseas, I have made and will continue to make this point whenever necessary.

My goal for today is to begin a dialogue with parents that will help the department of state identify ways that we can be even more effective in our efforts to quickly resolve abduction and retention cases, and to help prevent our children from being abducted and denied a meaningful relationship with their parents. My philosophy is that, no matter how good a job one might do, we must always strive for improvement.

Every one of you has a story to tell, and perhaps some constructive criticism to share with us. We have tried, in structuring today’s event, to provide you with the opportunity to share your views, with us and with each other. Even if time constraints mean we don’t get to hear from everyone between now and 4:00, this is the beginning of a dialogue. It is not the only chance you’ll have to tell us what you think we do well, and what we need to do better. We’ve provided you with suggestion forms, and you can also send us ideas through our email address (askci@state.gov), after you leave today.

Today, I want to look to the future, and identify ways we can work together. Each abduction case is unique and complex. There are many different players involved—parent, child, government agencies and private organizations, to name only a few. As you’ll see by today’s schedule, we have tried to bring some of these players together, so that we can do some creative thinking. Later in the day, we’ll ask you to split into small groups and do some brainstorming with us on specific topics. I know you won’t be shy about sharing your thoughts with us. I cannot promise that we will be able to act on each and every idea raised today. Some ideas may be beyond our authority or ability to implement. But I would much rather throw open the net and capture as many ideas as possible, than close ourselves off to something that might help bring the children home. Although I will have to leave you briefly, I will return as soon as possible, and will be here throughout most of the day.

Today also provides an opportunity to meet with officers from both the office of children’s issues and the national center for missing and exploited children. I always find it helpful to put a face to a name, and so will they. I also hope you find it reassuring to know that “the bureaucracy” is made up of living, breathing people—and in this case, people who sincerely care about your children and want to help.

Often, I know, seeking the return of your child must be like pushing a rock up a hill. But if we all push together, we can make a difference. I can assure you that we are quite prepared to do our share of pushing.

April Brooks, Supervisory Special Agent, FBI

Good morning. My name is April Brooks, Supervisory Special Agent at FBI Headquarters in Washington, DC. I have oversight of 56 offices.

I spent 10 years in Los Angeles -- half of them working violent crimes and (CAC) Crimes Against Children, including (IPKA) International Parental Kidnapping Act matters. Before I go on, I want to thank the United States State Department, Office of Children's Issues, for inviting me here today to speak with you.

I see this opportunity as an "opportunity of a lifetime". I do not often/have never/ had the opportunity to speak with a group of parents as large as yourselves. It's usually one-on-one, during a very stressful time for a parent. Be assured, I will get back to you on any questions I cannot answer.

I will tell you that everything you hear from me this morning you may not agree with; you may have not had the FBI agent with whom you spoke tell you the things I will tell you, and I am positive some of you will wonder why the agent you spoke with did not inform you of some things you hear this morning. But what I would like to do is tell you what the FBI/CAC program can do to help you, and discuss tools that are available -- some of which I'm sure you will hear about later.

The FBI CAC Mission is rapid response to international parental kidnapping.

The Law

1. Title 18, U.S.C. Section 1204 - International Parental Kidnapping Act of 1993

"Whoever unlawfully removes a child under 16 years of age from the U.S. or retains a child (who has been in the U.S.) outside the U.S. with the intent to obstruct the lawful exercise of parental rights."

"Child" - A person who has not attained the age of 16 and "parental rights" with respect to a child means the right to joint or sole physical custody of the child. There need not be a court order in place at the time of the abduction!

The only time this statute does not apply is: (a) when the abducting parent is fleeing from an "incident or pattern of domestic violence". (Must be well documented by a court or police agency); (b) when a "parent fails to return a child for reasons beyond their control and has notified the other parent within 24 hours".

A 1204 warrant does not mean you'll get your child back. Many Hague convention countries may not rule if a warrant is outstanding.

2. Title 18, U.S.C., Section 1073 -- Unlawful Flight to Avoid Prosecution (UFAP)

"Whoever moves or travels in interstate or foreign commerce with the intent to avoid prosecution, custody, or confinement after conviction for the commission or attempted commission of a crime."

Congress has declared section 1073 as applicable in cases involving parental kidnapping and international flight to avoid prosecution under applicable felony statutes.

Abducting parent does not have to have a custody order.

3. New legislation that would add an "attempt" provision. As it is today, the FBI is limited in its response to assist in an abduction in progress. This would allow clear jurisdiction in this area.

Very important!! These statutes apply only to the abducting parent NOT the child.

In the event of an abduction, make sure you have done the following:

• Contact the local police department.
• Contact your local FBI office and make a report (CAC Unit, Dan Wright, Unit
  Chief, 202-324-3665.
• Call the National Center for Missing and Exploited Children (NCMEC).
• Call the State Department, Office of Children's Issues.

The FBI coordinates its investigation with all of these agencies.

The FBI

• has 56 field offices
• has over 45 legal attaché Offices around the world (5 sub-offices)
• in 1997, under FBI Director Louis Freeh, designated 2 CAC Coordinators in each
  field office. We have spent the last six years training these individuals in all
  aspects of CAC, including International Parental Kidnapping investigations.
  These are the people you can ask for within each FBI field office.

Other Resources

• Resource Teams
• Interpol Notices
• U.S. Custom Service (TECS)
• U.S. Immigration and Naturalization (NAILS)
• Local Policy Agencies
• NCMEC (plus NCMEC home page)
• Team Hope
• FBI.gov/family matters/crimes against children page.

Nancy Dube, Vice President & CEO, International Centre for Missing and Exploited Children

Good morning. It is a privilege to be included in this meeting and I thank you for the opportunity to talk about the National Center for Missing and Exploited Children and its services in international child abduction cases and also receive feedback from you about where you see gaps in services and how NCMEC might be able to help fill those gaps.

My name is Nancy Dube and I am a member of the Board of Directors of NCMEC and work closely with some of our international initiatives.

The National Center for Missing and Exploited Children is a private, non-profit organization whose mission is to locate missing children, reduce child victimization, and act as a clearing house of information and technical assistance for our main constituencies: searching parents and those in a position to help them, namely, law enforcement and attorneys.

We receive funding by Congress through the U.S. Department of Justice. Our goal is to match federal funding with donations from private companies and other private sources.

As an organization chartered by federal law to act as a nationwide clearinghouse on these issues, we are pleased to work with other non-profits, like Team HOPE, that is here in the audience as well as the federal agencies and any other groups who can help resolve these cases.
Although NCMEC handles all types of missing cases and certain exploitation cases, I'm going to focus my remarks on international child abduction, the purpose of our meeting today. NCMEC offers both direct services to parents as well as long-range projects.

From the time NCMEC began operating its hotline in 1984, we received reports of children who were missing and believed to have been taken out of the United States. Due to an increased number of these types of cases and the need to specialize in how they are handled, NCMEC, in 1995, started a separate International Division. This Division handles "outgoing" international cases in which the child's location is known to be within a specific country as well as "incoming" cases in which a child is abducted into the U.S. in violation of the Hague Convention.

NCMEC operates a 24-hour hotline (1-800-THE-LOST) to take reports of a missing child. We also receive sightings on this line as well as general questions and inquiries. In domestic cases, we only take a report if the child's location is unknown.

For international cases, however, we have made an exception -- we will make sure all callers with international child abduction cases are put through the to the international Division, even if the child's location in the foreign country is known to the left-behind parent. This change was simply in recognition of a fact that you know all too well -- in international cases, locating the child is often only the first step in the long road to recovery and return of the child.

Our first obligation is to provide parents knowledge of all possible avenues -- criminal and civil -- that are available to them. We will assist you in completing the Hague application if applicable, and in every case, will help you obtain any supporting documents you need to move your case forward.

Sometimes, at the time of the first call, the parent may not have been able to make a police report or have the child entered into NCIC. NCMEC is able to check whether or not your child has been entered by police as missing.

If a parent is having trouble, we will work with local law enforcement to help them understand their obligations under U.S. law to enter a missing child. In all cases, whether your child has been located in a Hague signatory country or a non-Hague signatory country, we will work with all agencies assigned to your case to help bring your child home.

NCMEC works closely with the parent and investigating law enforcement to locate the child. Every poster we create is placed on NCMEC's website, viewable worldwide. We also encourage people to download a link to our missing children's site to place on their own websites, thereby increasing the number of people likely to see the image of a missing child. Posters contain a photo and description of the missing child and may include a photo and description of the abducting parent if that person has been charged with the crime of parental abduction.

We distribute images through various "poster partners". Our largest partner in this venture is a company called ADVO whose fliers containing the photos of missing children are sent to 80 million homes per week.

Although ADVO mails within the United States, we have had several cases in which domestic poster distribution lead to a recovery in an international case.

In fact, ADVO's 100th recovery (they are now up to 122 recoveries) was one of those cases -- in this case, a law student on Spring break overseas, encountered an American man with two children in his care. When the student returned to school in the United States, he received an ADVO card in the mail featuring the children and non-custodial father. As a result of the student's tip to NCMEC, the children were successfully returned to their custodial mother in the U.S.

We distribute posters to non-profit organizations in other countries as well as to Embassy personnel, law enforcement and other contacts who may be able to circulate the image in the country the child is believed to be located.

NCMEC seeks relationships with TV outlets broadcasting in foreign markets and have had great success with the Spanish-language programs.

The Voice of America radio program is another wonderful partner in publicizing missing U.S. children. VoA broadcasts in many countries that are not reachable any other way.

As you may know, NCMEC offers age-progression in cases in which the child has been missing more than 2 years. NCMEC has three in-house artists who use a mixture of art and technology to update a child's image to more closely resemble what they might look like today.

As the case goes forward, we are always available to work with the parent, law enforcement and attorneys to ensure that all possible legal tools are utilized. In the course of a year, NCMEC trains about 15,000 law enforcement officers on how to handle family abduction cases, domestic and international.

The contacts we make through those trainings has proved to be invaluable when handling international cases --these are actual law enforcement personnel who have chosen to make children and cases involving children a priority. Although our main obligation is to U.S. law enforcement, foreign law enforcement has been included in these classes upon request.

NCMEC's International Division case managers are here to help you navigate through the services and the frustrations that exist when facing an international child abduction. We strive to make contacts both in the United States and in other countries with people who may help resolve these cases including foreign attorneys recommended by other parents. We welcome requests from parents -- if we cannot fulfill your request, we are always willing to do the most we can or help find someone else who may be able to help.
NCMEC works closely with the Congressional Missing & Exploited Children's Caucus as well as other elected officials to help educate them on the issues involved. If parents need assistance in contacting their member of Congress, we are able to help.

NCMEC administers the Victim Reunification Travel program funded by the Office of Victims of Crime at the Department of Justice. When a child's return from a foreign country has been obtained, this program funds the travel and lodging costs of the return for those parents who cannot afford to do it . The program may also fund the cost of one trip for a parent-in-need to attend a Hague Convention hearing or a "custody-type" hearing in a non-Hague country.

If requested, we will help the newly-reunified family with referrals and technical assistance.

NCMEC is currently working on a number of longer-term projects that will one day help individual cases. NCMEC separately incorporated the International Centre for Missing and Exploited Children to focus on the policies, laws and infrastructure of other countries and move the issues involving missing and exploited children forward on a world-wide level.

First, help other countries set up their own non-profits that can be used as a resource for parents with a case in that country. For example, Child Focus, South African Centre for Missing and Exploited Children and currently working to help establish organizations in Argentina and Peru.

Second, NCMEC and ICMEC funded a study to identify good practice under the Hague Convention in an effort to highlight where other countries have failed to live up to their obligations under the Convention and provide suggestions for improvement.

These reports were forwarded to the Hague Permanent Bureau and used as a basis for the first Good Practice Guide that was approved by the member countries of the Hague Conference and is posted on their website. The next phases for this project are to promote existing guides to lawmakers in individual countries to ensure that these reports serve s a catalyst for change.

Third, we are now working on additional topics to identify and promote good practice, including, enforcement of orders and preventing family abductions.

Fourth, we are in the process of putting together a memorandum of understanding with the Permanent Bureau to work jointly on those issues that we agree will be of benefit to parents, for example, judicial training and the very important task of exploring initiatives with non-Hague countries.

Lastly, we are currently operating a global missing children's website with posters of children missing in all our partner countries. We are now working with Interpol to expand this poster distribution in the Americas.
We know that as parents you are the greatest advocates for your child. NCMEC is here to back you up as you navigate the maze of services and the frustrations that inevitably come with international cases.

NCMEC is working to identify helpful services, innovative legal avenues and making useful contacts who can help pave the way for successful returns in these cases.

Please consider NCMEC and ICMEC your partners, along with other agencies, in advocating for you and your children.

Kathryn Turman, Director, FBI Office for Victim Assistance

It is a pleasure to be here. I am Kathryn Turman. I joined the FBI in January 2002 as Program Director for a new Office of Victim Assistance housed at FBI Headquarters in Washington, DC. I have seen a lot of positive changes during the last 12 years, but I want to tell you I have never seen a crime where the victims have to work so hard. Don't lose hope.

Eventually, each FBI field office will have a full-time Victim Specialist. Currently there are 70 (out of 112) on board. Most have backgrounds in social work and/or psychology. Each specialist will be able to:

• Furnish referrals for counseling and support organizations (traditional missing children groups and other crime victims support organizations).
• Provide information and act as a point of contact.
• Provide referrals for Crime Victims Compensation.
  
  I would like to talk about Crime Victims Compensation Funds:
• All states have programs to assist with crime-related expenses.
• Not all states view parental kidnapping as a crime.
• Not all states may cover parental abductions or abductions which do not originate in that state.
• You may need to have reported to the police/FBI to be eligible for Crime Victims Compensation. (Most programs require prompt reporting and cooperation with police and prosecutors. It is not necessary to have charges filed.)
• If your state does not have Crime Victims Compensation, write to your state representative.

The FBI can assist in recovery and reunification by providing:

• Advice on planning for recovery and reunification.
• Financial assistance, either through the National Center for Missing and Exploited Children (NCMEC) Reunification Funds or through FBI Emergency Victim Assistance Funds. (About 1/5 of FBI funds go to international child abduction.)
• Assistance with evaluating a child through a Children’s Advocacy Center or other child protection assessment program.
• Referrals for counseling for child(ren).

If you would like more information, you can contact the FBI at www.fbi.gov, or e-mail directly at kturman@fbi.gov. You can also telephone me directly at 202-324-1330.

In closing, I would like to thank you for having me here. The system is not perfect, but we are
all dedicated to help you recover your children.

Duane Bowers, Grief Therapist and Educator

Mr. Bowers spent most of his session interacting with the parents. Some of the areas he covered:

Definition - ritual - a repeated activity that provides symbols and an accepted structure for thoughts, feelings and behaviors, when norms are not available.

Celebration - a ritual that marks a point in time that was significant to the deceased (birthday, wedding anniversary, anniversary of death, etc.) The goal is to honor the deceased, recognize how they are living on in our lives, and measure the progress since the loss or last celebration. Celebration denotes the future, with the understanding of moving on.

Invocation - a ritual that draws the spirit, presence, and/or memories of the deceased into the present. The goal is communication with, communion with, or interaction with the presence of the deceased. Invocation establishes a new relationship with entity in the present time and environment. The focus is the present.

Memorialization - a ritual that refreshes the memory of the griever about the deceased as they were, separate from the current environment. The past, its things and its memories are considered sacred. The focus is the past.