Florida's Child Abduction Prevention Law Now Official

On January 1st, 2011 Florida’s landmark ‘Child Abduction Prevention Act’ (CAPA) was enacted as law. The new legislation establishes an array of risk factors a judge may consider when deciding if there is a chance that one parent may remove a child of a relationship from the state or country or conceal the whereabouts of the child in violation of a parenting plan. Additionally, and critically, the CAPA provides a selection of preventative measures that may be utilized in order to prevent child abduction from occurring.

The new law that unquestionably will protect the lives of thousands of children in Florida each year was drafted by child abduction prevention advocate Carolyn Ann Vlk of St. Petersburg, FL. Ms. Vlk added, "In my opinion the biggest obstacle faced was a lack of information and education. My focus was to protect children by enlightening all individuals involved in the process including judges, attorneys, parents and policy makers. Tragically, too many of our nation's children have been abducted due to the failures by individuals and the courts responsible for overseeing their best interest, including assessing dangers that may lead to their possible criminal abduction. The CAPA law addresses this concern."

The new law was sponsored by Representative Darryl Rouson (D-St. Petersburg) and Senator Eleanor Sobel (D-Ft. Lauderdale). Under their careful guidance, the groundbreaking legislation did something near impossible: it unanimously passed each of the three Senate and three House committees before being resoundingly passed on both the House and Senate floors.

Representative Rouson was previously cited as saying, “I am extremely pleased to announce that as of today, my dream and goal of creating law that would help prevent our state’s children from experiencing the nightmare of child abduction is now a reality. As abduction cases in our state and the nation continue to increase at alarming and unprecedented levels, it has become apparent that the combative way to prevent this epidemic from spreading was to create a sweeping law that will aid the courts in protecting our children. The ‘Child Abduction Prevention Act’ certainly does this. I would like to thank Governor Crist and all of my fellow lawmakers, including child advocate Senator Eleanor Sobel, for realizing the importance of this law. The significance of this new law in Florida should be a lesson for all states presently considering child abduction prevention legislation; it is critical to the children of every state to have preventive laws in place that will protect their well being. I would also like to thank Carolyn Ann Vlk, the astute writer of the ‘Child Abduction Prevention Act’ for her tremendous leadership in writing such a sweeping law, and, I would like to also acknowledge Peter Thomas Senese for his substantial advocacy in support of our state’s new law. Today is a great day for the children of Florida.”

As the number of criminal international parental child abductions continues to escalate substantially each year, lawmakers at both the state and federal level appear to have taken notice. The Department of State’s Office of Children’s Issues reported that there were 1,623 U.S. children criminally abducted from the United States in 2009. The aggregated growth rate over the past few years is well over 20%. These statistics do not include the substantial number of ‘unreported’ cases that were cited in the landmark report titled ‘Crisis In America: International Child Abduction Today’ (2010) researched and published by Peter Thomas Senese and Carolyn Ann Vlk.

Peter Thomas Senese, the author of the upcoming book ‘Chasing The Cyclone’ and producer of the educational documentary film series ‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’ stated, “The number of criminal international child abductions has reached alarming levels. If we project the present growth rate of ‘reported’ abductions to 2020, an astronomical number of our nation’s children will have been ‘reported’ as being criminally abducted. And this does not include the reality that the number of ‘unreported’ cases of international abduction are expected to be at least the equivalent to the number of ‘reported’ cases. This all should raise a flag for every lawmaker and judge in the country that abduction laws and the consideration of risk factors related to a potential abduction are critical rights of a child. A failure by a court to consider such concerns and not apply appropriate abduction prevention measures to ensure an at-risk child’s safety is child abuse.

“The CAPA law unequivocally will protect the lives of many children in the State of Florida so long as judges implement the law. Hopefully more states will follow Florida’s lead. In addition, and equally important to preventive measures in the courtroom, it is critical that federal prevention measures are also implemented. This includes closing the loopholes associated with the travel documentation requirements for children connected to the Western Hemisphere Travel Initiative.”

The CAPA law allows for the presentation of competent and substantial evidence of risk factors. Factors that may be considered when determining if a risk exists include a previous history of child abduction or has been known to violate a court ordered parenting plan, or if there are known threats or clear intent to illegally abduct a child outside of the country, or if the party is likely to take a child to a country that is not a party to the Hague Convention, or if the party has forged or presented misleading or false evidence on government forms or documents in an attempt to obtain travel documents.

Preventative measures which may be utilized as a guideline in protecting children from abduction may include placing the child's name in the Children's Passport Issuance Alert Program, a provision that any U.S. or foreign passport issued in the child's name be surrendered to the court or the petitioner's attorney, that the respondent not apply on behalf of the child for a new or replacement passport or Visa, assessing the need to require a party post a bond, a prohibition that a party may not remove or retain the child in violation of a custody determination.

This law also indicates that violations of the terms of the parenting plan are subject to specific civil or criminal penalties or a federal or state warrant under federal or state laws and may subject the violating parent to apprehension by law enforcement.

Child advocate and lawyer Martin Asatrian commented, "The Florida legislation is a remarkable accomplishment Florida's policymakers achieved in the name of the children of that state. As social and political awareness continues to rise, so too will the outrage of having a child abducted across international borders. It is my hope that not only will the public have a deeper, more compassionate understanding of what both child and targeted parents of abduction must face, but more importantly, it is my hope that lawmakers in other states will demonstrate the courage and wisdom similar to what Representative Rouson and Senator Sobel demonstrated. Clearly, prevention is key to protecting our nation's children."

In closing, Carolyn Ann Vlk stated, "Parental child abduction cases can become very costly especially if search and rescue efforts become necessary. I anticipate that there will be less need for law enforcement involvement if risks are identified and preventative measures are implemented. The State of Florida now has additional capabilities to protect children from becoming victimized and to conserve our state's financial resources. However, the problems of international parental child abduction that need to be addressed as a nation are significant. I look forward to participating in dialogue and action that will better protect our nation's children, including co-drafting new legislation that will close loopholes related to travel documentation requirements for children traveling under the Western Hemisphere Travel Initiative."

For more information on international parental child abduction please visit www.chasingthecyclone.com

Florida House Representative Rouson pushes forward on Child Abduction Prevention Act

St. Petersburg, Los Angeles, New York

MARCH 16th, 2010



FOR IMMEDIATE RELEASE



Lawmakers in Florida’s Legislature Move Forward On ‘Child Abduction Prevention Act’ Bill As A Growing Number Of Citizens Express Intolerance Of Acts Of Parental Child Abduction.

Florida’s legislature is moving forward on a strong parental child abduction prevention bill as lawmakers in the state and across the country have come to realize the unmistakable immediate necessity to place protective laws against abduction in order to protect the hundreds of thousands of defenseless children who are criminally stolen and abused.

The ‘Child Abduction Prevention Act’ (CAPA) bill, known in the Florida Senate as SB1862 and in Florida’s House of Representatives as adjoining bill HB787, if passed, will amend Florida Statute §61.45 by adding certain risk factors of child abduction and provides a list of preventative measures a judge may use to prevent these abductions from occurring. Inclusion of these provisions will strengthen Florida’s weak law and bring it into conformity with the ‘Uniform Child Abduction Prevention Act’ (UPACA), which has been enacted by ten states. In a nation where there are over 370,000 parental child abductions that occur each year, a number that apparently is growing, the ‘Child Abduction Prevention Act’ clearly will prevent the number of abductions within the state of Florida, if passed.

The bill was filed by children’s advocate and champion Representative Daryl Rouson, and has been referred to Florida ’s House of Representatives ‘Public Safety and Domestic Security Policy Committee’. Representative Rouson has demonstrated throughout his career a willingness to take great initiative to assist children.

Representative Kevin Ambler, who heads the ‘Public Safety and Domestic Security Policy Committee’ is no stranger to the family law issues. A portion of Representative Ambler’s law practice focused on family law and children’s welfare. Representative Ambler has placed the bill on his committee’s hearing schedule for Tuesday, March 23rd. The hopes and safety of hundreds of thousands of children in the state who may one day be at risk now rest on Representative Ambler’s ‘Public Safety and Domestic Security Policy Committee’, and the committee chairman’s advocacy for innocent, defenseless children who are at risk of abduction.

Peter Thomas Senese, the author of the critically acclaimed upcoming book ‘Chasing The Cyclone’ and producer of the documentary film ‘Chasing Parents: Racing Into the Storms of International Parental Child Abduction’ stated “Representative Ambler and the rest of the committee members have a very unique and exciting opportunity to make in immediate and long-lasting impact in Florida state law in the name of the best interest of children next week by passing through committee the ‘Child Abduction Prevention Act’ bill. I speak from personal experience when I say that if preventive laws, including a court’s ability to weigh and assess risk factors associated with potential parental child abduction did exist, I would not be speaking out on this issue the way I am. Unfortunately, that is not the case. But there is hope in Florida, and it now rests on Representative Ambler’s shoulders to demonstrate leadership for our children by passing this critically important bill.”

On Tuesday, March 9th, 2010 the State of Florida took a major first step in protecting that state’s children from the horror of parental child abduction. In a bill sponsored by Senator Eleanor Sobel, a unanimous vote of eight ‘Yeas’ and zero ‘Nays’ occurred before the Florida State Senate’s ‘Children, Families, and Elder Affairs Committee’, the Senate moved through its first committee the critically important ‘Child Abduction Prevention Act’. The Senate’s next step is to have the bill voted on by its ‘Judiciary Committee’, which should happen in the forthcoming weeks. If the bill passes a Judiciary Committee vote, it will then move forward to the ‘Civil Justice Appropriations Committee’, before a final vote before the Senate.

In order to bring awareness of the ‘Child Abduction Prevention Act’ bill now before Florida’s lawmakers, a group of children’s advocates familiar with parental child abduction, including Carolyn Ann Vlk, Ken Connelly, Peter Thomas Senese, Larry Synclair, Charles Hamilton, Bryan Lee McGlothin, Tammy Searle, and Barbara Mezo have urged lawmakers to pass this much need bill. The group has created an informative website, including a petition site, that addresses the proposed ‘Act’ (www.floridachildabductionpreventionact.info).

Carolyn Ann Vlk, the author of the ‘Child Abduction Prevention Act’ bill now before the House and Senate stated, “Please carefully consider what we are attempting to implement. In my humble opinion the biggest obstacle we face is a lack of education across the board . . . parents, judges, family court personnel, and policy makers. This deficiency has served to empower potential abductors and compromises the safety of children. Without risk assessment in determining where a credible risk exists, decisions are made that could place a child in unnecessary danger. Parental child abduction is a national tragedy and an immediate remedy is necessary. Please join us in our efforts to protect our most vulnerable members of society - our children."

Ken Connelly, the author of ‘Throwing Stones’ added, “Too many children are abducted annually to ignore such a grave and growing issue. If this law had been in effect in my home state before I was kidnapped, it may have prevented not only the abduction by my father, Kenneth Wayne Connelly, but the lives altered by this dark and silent crime. I urge Florida’s elected representatives to sign HB-787 into law and save our children before it is too late. There has never been a greater time in our country than now, given the ease of access to other nations.”

Floridian resident Larry Synclair, the author of our nation’s first state preventive laws (California) adds, “HB 787 illustrates the need to prevent parental abduction and other states should take similar action. When I sat down to research and write the draft of a bill that would later become the Synclair-Cannon Act, I felt compelled to close gaps in a state’s legal system that allowed children to fall into the hands of abducting parents. California saw the need for the bill and quickly incorporated it into their family code. Today, parents from other states have boldly stepped up to demand laws that will protect their children from this horrific crime that is often ignored by judicial officials. Florida’s HB 787 calls for an implementation of measures that could hinder future acts of abduction. Children need more legislation like this to protect them from this escalating crime."??

Charles Hamilton, left-behind parent of Dakota Carmen Hamilton, stated that “If the ‘Synclair-Cannon Parental Child Abduction Prevention Act’ or a California version of Florida’s HB-787 had existed when my daughter was stolen, the courts would have been armed with the evidence to prevent my daughter’s kidnapping to Spain on December 8, 1996. Failure to sign HB 787 into law will only allow more children in Florida to become victims of this horrible and preventable crime just like my daughter.”

Tammy Searle, a left-behind parent and children’s advocate, now fighting desperately for the return of her daughter is a strong advocate of the present bill and intends to provide the House with testimony next week, along with many of the other children advocates.

Bryan Lee McGlothin, author of ‘Have You Seen My Mother: True Story of Parental Abduction’ stated it best, by reminding the citizens of Florida that "Children have rights and those rights include having both parents in the child's life.”

??Collectively, Florida’s lawmakers and advocates pass urge the citizens of Florida to contact their local representatives and urge them to support the ‘Child Abduction Prevention Act’ now before its legislative body.

“The reality is that none of us who speak out on this issue would be doing so if we did not experience first-hand the nightmare of child abduction. Truth is, most of us didn’t even know what parental child abduction was, or just how severe of a crime this is against our children,” Peter Thomas Senese added. “I personally urge every lawmaker to stand behind Representative Rouson and Senator Sobel’s initiative and draw a line in the sand, so to speak, in the name of protecting our children.”