7 FAM 1770
RETURN OF CHILDREN
(CT:CON-810; 06-06-2018)
(Office of Origin: CA/OCS)
7 FAM 1771 INTRODUCTION
7 FAM 1771.1 Summary
(CT:CON-102; 02-27-2005)
Consistent with Articles 5 (h) and 37 (b) of the Vienna
Convention On Consular Relations and Department guidelines, consular officers
have a special responsibility to protect the interests of minors. This
responsibility comes into sharp relief in the case of children who are
returning to the United States after having been abducted/wrongfully retained
by a parent, kidnapped by a non-parent, abandoned and/or abused, or who are
runaways. The Department takes this responsibility extremely seriously, recognizing
that the children involved have almost always been subjected to a traumatic
experience, are emotionally very vulnerable, and need compassionate and careful
-- and often expeditious -- attention. As a result, at diplomatic and consular
missions abroad consular managers have the lead among all mission elements to
do everything lawfully possible to provide support and assistance to returning
children. This subchapter outlines the critical issues that consular managers
should take into account when helping a minor U.S. citizens/nationals return to
the United States. 7 FAM 180
provides guidance on the granting of temporary emergency protection.
Article 5(h) of the VCCR provides that consular functions
include
"Safeguarding the interests of minors and other
persons lacking full capacity who are nationals of the sending state,
particularly where any guardianship or trusteeship is required with respect to
such persons."
Article 37(b) of the VCCR generally requires the
"Competent authorities of the receiving state"
(i.e., the country in which a foreign national is found) "to inform the
competent consular post without delay of any case where the appointment of a
guardian or trustee appears to be in the interests of a minor or other person
lacking full capacity who is a national of the sending state."
Article 24 of the International Covenant on Civil and
Political Rights of 1966, to which the United States more than 140 countries
are parties, provides that
Every child shall have the right to such measures of
protection as required by his status as a minor, on the part of his family, the
society and the state.
7 FAM 1771.2 Whom To Contact In
CA/OCS
(CT:CON-407; 06-29-2012)
Given the issues and procedures involved in coordinating
the childs return, various offices in CA/OCS will work with post to return a
child to the United States, with either CA/OCS/ACS or CA/OCS/CI taking the lead
depending on the circumstances of the childs presence in the foreign country.
CA/OCS/CI takes the lead in cases involving the return of a child who was
abducted or wrongfully retained abroad by a parent. CA/OCS/ACS takes the lead
in cases involving abandoned, abused, runaway, or kidnapped (non-parental) U.S. citizen/national minors. Many cases require close coordination between CI, ACS and
often include CA/OCS/L and L/CA, which provide support and guidance from
attorneys and Victims Assistance Specialists.
7 FAM 1771.3 Checklist
(CT:CON-102; 02-27-2005)
There are many issues that may arise in the context of a
minor U.S. citizen/nationals possible return to the United States. Very
often, these cases involve children who are the victims of an international
parental child abduction, or who were abandoned abroad by their parent(s). The
following checklist (7 FAM 1772-1779)
is designed to help you address such cases, working in consultation with CA/OCS
and other offices on specific steps as necessary. This is intended to be a
useful but not all-inclusive checklist of issues that consular officers should
consider when returning a U.S. citizen/national minor to the United States.
7 FAM 1772 Hand-over of the Child to
Custodial Parent or other Custodial Adult
(CT:CON-102; 02-27-2005)
Who will be present? Will the custodial parent travel to
the host country and, if so, will local authorities recognize his/her custody
rights? If the custodial parent is not present, is there someone in country,
authorized (under the host countrys laws) to take charge of the child?
Consular officers cannot take legal custody of a child, but should be present
when the child is turned over to another person, to monitor the act and the
childs welfare. In many countries, the host governments social services
authorities will be involved and their assistance will be essential for
coordinating the child(ren)s return. In countries where social services either
do not exist or do not offer protection to foreigners, post should consult
immediately with CA/OCS on ways to best ensure the childs protection until the
child can be handed over to a custodial parent or other appropriate adult.
7 FAM 1773 Social Services/Transition
(CT:CON-102; 02-27-2005)
If the child has not seen the custodial parent for some
time, does not speak the custodial parents language, or might be upset by
events, is there someone from host country social or child services that can be
present to help the child understand what is happening?
7 FAM 1774 Travel and Victims
Assistance Funds
(CT:CON-102; 02-27-2005)
Has a custodial parent or relative in the United States already purchased a ticket or made funds available for the child's travel?
Does the child require an OCS/Trust or repatriation loan? Repatriation funding
may also be available through victims assistance funds (including state and
federal programs, such as the FBIs Crime Victims Assistance program) or from
non-governmental organizations. CA/OCS, through its Victims Assistance
Specialists, will assist the post to access victims assistance funding, when
appropriate. See 7 FAM 1900 Crime Victim Assistance.
7 FAM 1775 PASSPORTS, VISAS, PAROLE,
EXIT PERMITS
7 FAM 1775.1 Passports
(CT:CON-102; 02-27-2005)
If the child is a U.S. citizen/national, does he/she have
a valid U.S. passport? If not, has the parent or guardian been advised about
how to apply for the childs passport? Has a passport application been
completed in advance? Keep in mind that many return cases are time sensitive
in nature and may require immediate action. In exigent circumstances,
Department regulations authorize consular officers to issue passports to
children under age 14 even in the absence of the application signatures by the
childs custodial parents and/or documentary support normally required.
Whenever possible, post should consult with CA/OCS/ACS for guidance if it
relies or intends to rely on exceptions to the two-parent signature
requirement. See 7 FAM 1300 Passport Services.
7 FAM 1775.2 Visas/Parole
(CT:CON-810; 06-06-2018)
In some exceptional cases, a child may not be a U.S. citizen/national. In such instances, is the child properly documented for entry into
the United States? CA/OCS will work with CA/VO/F
to assist post in identifying appropriate options in such cases.
7 FAM 1775.3 Exit Permits
(CT:CON-102; 02-27-2005)
In countries where exit permits or other permission is
required before the child and/or custodial parent can depart, have the
necessary permits been granted? If not, in consultation with the Department
and as needed, post should approach the host government for assistance in
obtaining permits, stamps, or waivers.
7 FAM 1776 Evidence of Abuse
(CT:CON-102; 02-27-2005)
Abuse of U.S. citizen/national children is a matter of
grave concern. 7
FAM 1720 (Child Abuse), 7 FAM 1730
(Child Exploitation), 7 FAM 1932.4
(Crime Victim Assistance), 3 FAM 1810 Family
Advocacy Program (Child Abuse, Child Neglect and Domestic Violence), the CA/OCS
Intranet Crime Victim Assistance Resource Notebook Child Abuse Guidelines,
Background and Referrals and other Department guidance address the consular
officer's role in assisting U.S. citizen/national children when allegations of
abuse are present. Documenting the alleged abuse to the extent possible may be
essential to gaining the assistance of host government officials in
facilitating the return of American children. For example, if time permits,
post may consider asking third parties who might have first-hand knowledge of
the childs circumstances (family members, neighbors, teachers, etc.) whether
they have information relevant to abuse allegations. Information about the
abuse of a child is sensitive and is shared by the Department on a strictly
need-to-know basis with third parties, subject always to the Privacy Act and
other potentially applicable protections. Normally, it is appropriate to share
allegations of abuse with host government officials if necessary to seek their
assistance in protecting the child and/or returning the child to the United States. Whenever possible, posts should consult closely with the Department in such
circumstances.
7 FAM 1777 travel, transport and
transit
7 FAM 1777.1 Escorts
(CT:CON-102; 02-27-2005)
If the custodial parent or guardian will not travel to the
host country to assume custody and escort the child back to the United States,
who will accompany the returning child? Where no appropriate private
individual known to the child or assigned by the host government is available,
a consular officer should accompany the child to the United States, in
recognition of the special consular responsibility for the protection of
minors. Consular officers may not delegate this responsibility to other
mission offices. If necessary, CA/EX, in consultation with CA/OCS, will
provide funds for escort travel by a consular officer. If a consular officer
cannot accompany the child, consider whether it would be appropriate to send a
consular associate or an American consular assistant. In the rare case in
which no consular escort is possible, the post should inform CA/OCS and seek
guidance.
7 FAM 1777.2 Transit Arrangements
(CT:CON-102; 02-27-2005)
Once travel plans are confirmed, notify the Embassy or
Consulate in every transit country of the childs itinerary. Where
appropriate, CA/OCS will ask the transit country post(s) to coordinate with
local authorities to ensure the childs transit goes smoothly. When returning
children are old enough and able to travel alone, transit posts should be
prepared to meet the child upon arrival, assist him or her in the transit
process, and confirm the childs onward travel.
7 FAM 1777.3 Take-Away Kits
(CT:CON-102; 02-27-2005)
Children who return suddenly to the United State s may have no or few personal possessions with them. Posts should consider
putting together a take-away kit of toiletry samples, age-appropriate books,
playing cards, snacks, and other suitable items to give to the child for the
trip.
7 FAM 1778 Arrival in the United
States
(CT:CON-102; 02-27-2005)
a. Port of Entry: Post should work with the lead
office in CA/OCS to coordinate the childs arrival with the relevant Port of
Entry (POE). Children who have been reported missing by law enforcement authorities
will appear in the National Criminal Information Center database, and may also
be the subject of Interpol notices. Coordinating with the POE in advance of
the childs arrival will help avoid delays and other difficulties upon the
childs re-entry into the United States.
b. Child Protective/Social Services: Have arrangements
been made for a representative from local (U.S.) child protective services or
social services to meet the child upon arrival, if appropriate? If the child
is being returned to his/her parent(s) after a long or traumatic separation,
CA/OCS can work through the National Center for Missing and Exploited Children
(NCMEC), the National Childrens Alliance, National Foundation for Abused and
Neglected Children or local victims assistance and Children's Advocacy Centers
to arrange for a reunification expert to assist the parent and child to
re-establish their relationship. These services can be more extensive than the
repatriation reception and resettlement typical in repatriation cases. See 7
FAM 300 Financial and Medical Assistance.
7 FAM 1779 Press/Public Statements
(CT:CON-102; 02-27-2005)
Post should consult with CA/OCS and CA/P when developing
press guidance or other public statements. In some instances, post may decide
in consultation with CA that all media inquiries will be referred to the
Department.