NJSACOP LEAP MODEL POLICIES GENERAL ORDER # 065 EFFECTIVE DATE: SUBJECT: MISSING CHILDREN ISSUED BY: # OF PAGES: 11 DISTRIBUTION: REVIEW DATE: LAST REVISED: 41.2.6 ACCREDITATION STANDARDS: The written directives developed by the Police Department are for internal use only, and do not enlarge an officer’s civil or criminal liability in any way. They should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of written directives can only be the basis of a complaint by this department, and then only in an administrative disciplinary setting. PURPOSE: To establish guidelines for investigative efforts associated with reports of missing or unidentified children. POLICY: Police officers called upon to investigate missing or unidentified children cases are often confronted with a case that lacks significant investigative leads. The timely collection and dissemination of available information is of paramount importance in the successful resolution of these cases. For investigative purposes, this agency shall thoroughly investigate all reports of missing children and shall consider all children reported missing as “high risk” until information to prove otherwise becomes available. All available law enforcement resources shall be employed in the pursuit of successfully locating and positively identifying missing and unidentified children. Standard 41.2.6.a PROCEDURE: I. Definitions A. Missing Child: this term refers to any person younger than 18 years of age whose whereabouts are unknown to his or her parent, guardian, or responsible party. This classification includes runaways and children that have been abandoned or abducted. B. “High Risk:” A missing child shall be considered high risk when one or more of the unusual circumstances noted below are met: 1. A missing child 13 years of age or younger. This age was established by the federal Missing Children Assistance Act because children of this age group have not established independence from parental control and do not have the survival skills necessary to protect themselves from exploitation on the streets. 2. A child who is missing and is believed to be one or more of the items noted below: Out of the zone of safety for his or her age and physical and mental condition. The zone of safety will vary depending on age. In the case of an infant, the zone of safety will include the immediate presence of an adult custodian or the crib, stroller, or carriage in which the infant was placed. In the case of a child with diminished physical or mental health, the zone of safety might include the close proximity and availability of a caregiver familiar with that individual’s condition and needs. Mentally diminished. If the child is developmentally or emotionally disturbed, or the victim of disease, he or she may have difficulty communicating with others about needs, identity, or address. The disability places the child in danger of exploitation or other harm. Drug dependent. In the case of a child, the term drug dependent shall refer to dependence on either prescription or illicit substances, since any drug dependency puts a child at substantially increased risk. General Order # 065 – Missing Children - Page 1 of 11 NJSACOP LEAP MODEL POLICIES C. II. A potential victim of foul play or sexual exploitation. Significant risk to the child can be assumed if investigation indicates a possible abduction, or signs of sexual abuse. In a life-threatening situation. The environment in which the child is missing may be particularly hazardous. Examples of a dangerous environment could be a busy highway for a toddler, an all-night truck stop for a teenager, or an outdoor environment in inclement weather for a child of any age. Absent from home for more than 24 hours before being reported to law enforcement as missing. While some persons may incorrectly assume that 24 hours must pass before law enforcement will accept a missing persons report, a delay in reporting may also be an indicator of neglect or abuse within the family. Believed to be with persons who could endanger his or her welfare. A missing child in such circumstances is in danger not only of sexual exploitation, but in certain circumstances this may also lead to involvement in other criminal activity. Is absent under circumstances inconsistent with established patterns of behavior. Most children have, to some degree, established routines that are reasonably predictable. Significant, unexplained deviations from those routines increase the probability that the person may be at risk. A child or adult whose disappearance involves circumstances that would cause a reasonable person to conclude that the missing person should be considered at risk. “Lead Law Enforcement Agency”: The law enforcement agency with the primary responsibility for investigating a missing person’s case. The law enforcement agency that the missing person’s report is filed through. Jurisdiction A. Jurisdictional conflicts are to be avoided when a person is reported missing. If a missing person either resides in, or was last seen in this jurisdiction, this agency will immediately initiate the required reporting process. If a missing person legally resides in this jurisdiction and was last seen in another jurisdiction, but the law enforcement agency covering that jurisdiction chooses not to take a missing-persons report, this agency will assume reporting and investigative responsibility. B. Questions concerning parental custody occasionally arise in relation to missing-child reports. It shall be the policy of this agency to accept the report of a missing child even if custody has not been formally established. Reporting parties shall be encouraged to obtain legal custody as soon as possible; however, since the safety of the missing child(ren) is paramount, members of this agency will open a case when it can be shown that the child is missing, without explanation, from his or her usual place of residence. C. Whenever a person is reported missing and the report is filed with this Police Department, this agency will assume the role as the Lead Law Enforcement Agency and shall continue in that capacity unless another law enforcement agency assumes primary responsibility over the investigation. D. No officer of this agency shall refuse a missing person report on the basis that: 1. This missing person is an adult 2. The circumstances do not indicate foul play 3. The person missing has been missing for a short period of time 4. The person missing has been missing for a long period of time 5. There is no indication that the missing person was in the jurisdiction served by the law enforcement agency at the time of the disappearance 6. The circumstances suggest that the disappearance may be voluntary 7. The reporting person does not have personal knowledge of the facts General Order # 065 – Missing Children - Page 2 of 11 NJSACOP LEAP MODEL POLICIES 8. 9. 10. III. E. When an officer is confronted with a reported missing child case, the officer shall file a missing person’s report and shall commence an investigation, without delay, in all cases other than if the exact whereabouts and welfare of the reported missing child is know at the time of the report. F. The lead law enforcement agency shall be entitled to the cooperation of any other law enforcement agency in the State. Likewise, this agency shall cooperate fully with all other law enforcement agencies that are conducting a missing child investigation. G. On scene investigation, shall consider the below: 1. If the person being reported missing is a juvenile, the physical safety of the child is believed to be in jeopardy and the investigating officer shall immediately summon a supervisor and begin the collection of pertinent data. 2. If there is a likelihood that the missing child is still in the area, the responding supervisor shall organize and coordinate a search of the area, and summon additional resources as needed. 3. Contact shall be initiated with the agency having law enforcement jurisdiction over the missing child’s residence in an attempt to collect intelligence and facilitate a physical check of their home address. Telecommunicator Responsibilities A. Standard 41.2.6.e The reporting person cannot provide all of the information requested by the law enforcement agency The reporting person lacks a familial or other relationship with the missing person or For any other reason, except in cases where the law enforcement agency has direct knowledge that the person is, in fact, not missing and the exact whereabouts and welfare of the suspected missing person are known to the agency at the time the report is being made. Telecommunicators receiving reports of missing children shall: 1. Determine if the circumstances of the report meet the definition of a missing child by questioning the caller about the circumstances of the child’s disappearance. 2. Promptly dispatch officers to the location of the incident to obtain the necessary information and begin investigative operations. 3. Transmit proper radio alerts and other notifications as provided for in this directive. 4. Query agency records for information that may be related to the child’s disappearance. This could include any information relating to previous incidents at the incident location or other relevant events in the area. 5. Safeguard all of the information and records obtained as a result of the incident for potential use in future investigative efforts. 6. Be prepared to accept and relay information for the immediate activation of the AMBER ALERT system, if appropriate. 7. Complete computer related entries for NCIC/SCIC records, as directed. 8. Notify and/or request supervisory personnel and additional investigative resources, as directed. General Order # 065 – Missing Children - Page 3 of 11 NJSACOP LEAP MODEL POLICIES IV. V. Standard 41.2.6.c Initial Report A. A preliminary investigation shall be commenced immediately upon receipt of a report that a child is missing, to the extent that factors such as the residential jurisdiction of the missing child and signs of foul play within this jurisdiction shall not be considered. The investigation shall commence immediately upon receipt of the reported missing child. 1. An individual shall be classified as missing when his/her whereabouts are unknown and unexplainable for a period of time that is regarded by knowledgeable parties as highly unusual or suspicious in consideration of the subject’s behavior patterns, plans or routines. 2. The factors detailed on pages 1 and 2 of this policy shall be employed to determine if the missing person warrants the high risk classification. B. The officer who is given the assignment shall meet with the reporting person, if within the township boundary, to collect the required data and/or initiate a search of the area. C. If the reporting party is not within the township’s geographical boundaries, the information may be taken over the telephone. If possible, the reporting party should subsequently respond to police headquarters. No matter the physical location of the reporting person the missing child investigation shall commence without delay. Reporting and Investigative Requirements for Patrol Officers A. Upon receipt of a report of a missing child the responding officer shall initially operate under the assumption that the child is high risk and initiate actions that are consistent with the urgency of that determination. This does not preclude a later determination, based on further investigation or the discovery of additional information, that the missing child is not believed to be high risk. B. The investigating officer shall conduct a comprehensive interview with the reporting party and, whenever possible, the person last having contact with the missing child. Additionally, obtain details regarding the circumstances surrounding the incident in order to facilitate inter and intraagency coordination. This includes the following mandatory information: Name of the missing person, including any aliases, Date of birth and age Identifying marks, such as birthmarks, moles, tattoos and scars Height and weight Gender Race Current hair color and true or natural hair color Eye color Prosthetics, surgical implants, or cosmetic implants Physical anomalies Blood type, if known Any medications the missing person is taking or needs to take Driver’s License number, if known Social security number, if known A recent photograph of the missing person, if available A description of the clothing the missing child was believed to be wearing at the time of the disappearance A description of notable items that the missing child may be carrying or wearing Information regarding the missing child’s electronic communications devises, such as cellular telephone numbers or email addresses The name and location of the missing child’s school The name and location of the missing child’s dentist and primary care physician, if known General Order # 065 – Missing Children - Page 4 of 11 NJSACOP LEAP MODEL POLICIES Standard 41.2.6.e Any circumstances that indicate that the disappearance was not voluntary Any circumstances that indicate that the missing child may be at risk of injury or death A description of the possible means of transportation of the missing child, if applicable, such as make, model, color, license and Vehicle Identification Number (VIN) of a motor vehicle Any identifying information about a known or possible abductor or the person last seen with the missing child including: o Name o Physical description o Date of birth o Identifying marks o The description of a possible means of transportation, such as make, model, color, license and Vehicle Identification Number (VIN) of a motor vehicle o Known associates Any other information that can aid in the physical location of the missing child Date of last contact C. Other factors to consider during the investigation of the missing person 1. Time and place of last known location and the identity of anyone accompanying the child. 2. The extent of any search for the child. 3. Whether the child has been missing on prior occasions and the degree to which the absence departs from established behavior patterns, habits or plans. 4. Whether the child has been involved recently in domestic incidents; suffered emotional trauma or life crises; demonstrated unusual, uncharacteristic or bizarre behavior; is dependent on drugs or alcohol or has a history of mental illness. 5. The current physical condition of the child and whether or not the child is on prescription drugs. 6. The relationship of the reporting party to the missing child. 7. The custody status of the child and the possibility that a custody dispute may have played a role in the child’s disappearance. D. In cases of missing children, officers shall be particularly cognizant of information that may suggest the potential for parental abduction or the possibility of stranger abduction, as well as: 1. The presence of behavioral problems. 2. Past instances of running away. 3. Signs of an abusive home environment or dysfunctional family situation. 4. Whether the child is believed to be with adults who may pose a danger; and 5. The name and location of the school attended by the child and any persons who may be responsible for private transportation to and from the location. E. Make every reasonable effort to put family officers at ease and to reassure them a thorough investigation will be conducted. F. Begin the collection of data to facilitate the reporting requirements. Officers should work with the parent, guardian or reporting person to: 1. Attempt to locate a note. 2. Check wastebaskets, schoolbooks, etc. for clues. 3. Compile a list of close friends and associates. 4. Obtain a recent photograph. 5. Compile a list of possible destinations and locations frequented. 6. Check for recent bank account activity and record the information. 7. Instruct the reporting party to contact the department immediately upon receipt of new information or the child’s safe return. General Order # 065 – Missing Children - Page 5 of 11 NJSACOP LEAP MODEL POLICIES G. Notify central communications by telephone of the description of the missing child along with any additional pertinent information. Request an immediate broadcast of the information if the missing person is a juvenile under the age of twelve (12). In all other cases the information shall be broadcast in a reasonable period of time. H. Request a supervisor if necessary. Supervisors shall be summoned in cases where: 1. The missing person is under twelve (12) years of age. 2. The missing person is disabled. 3. The missing person is suicidal. 4. There is a possibility or indication of criminal activity. 5. Any other unusual circumstance warranting notification. I. If necessary conduct a thorough search of the residence, paying particular attention to those areas where a person the size of the missing person may secret themselves and the motive, if any, for the disappearance. 1. The responding officer shall personally conduct this search along with a member of the household. DO NOT accept someone’s word that a thorough search has already been conducted. 2. Special attention should be paid to enclosures like refrigerators, freezers, and the interior of parked vehicles where limited breathing air may place the child at even greater risk. J. Initiate 1. 2. 3. 4. K. Interview friends and associates of the missing child, to include: 1. Neighbors 2. Relatives 3. Friends 4. Playmates 5. Employers 6. Co-workers L. If the disappearance meets the criteria for activation of the sate’s AMBER Alert system, the protocols for activation should be initiated as soon as possible. This notification system should be augmented with any other community notification systems, formal or informal, that may be available. M. The following report forms shall be completed: 1. Uniform Investigation Report 2. New Jersey State Police Missing Persons Report/ Written Documentation Form 3. Missing Persons Report for NCIC Record Entry 4. The Missing Persons Investigation Packet entitled “Missing Persons File, Data Collection Entry Guide” shall be used to organize data collection and to obtain additional information from the family of the missing person and other appropriate information sources during a missing person’s investigation. N. The investigating officer shall contact other law enforcement agencies as deemed appropriate for routine assistance in locating any missing child. These contacts should result from the comprehensive interview conducted with the reporting person and the subsequent investigative leads obtained. Standard 41.2.6.b Standard 41.2.6.e a search of the general area, to include: The common route to and from school. The school building and grounds. Neighborhood and local parks. Route to and from work. General Order # 065 – Missing Children - Page 6 of 11 NJSACOP LEAP MODEL POLICIES O. If the circumstances surrounding the disappearance are considered suspicious or criminal activity is suspected, the watch supervisor shall request immediate investigative assistance from investigative bureau personnel. The responding personnel from the investigative bureau may request additional assistance as needed, including but not limited to: 1. Additional investigative bureau personnel. 2. The Burlington County Prosecutor’s Office Major Crime Unit. P. When investigation involves a missing child, a notification shall also be made to the New Jersey State Police Missing Person’s Unit and investigative assistance shall be requested. Once the determination is made that a cooperative investigative effort is required, The New Jersey State Police Missing Person’s Unit shall coordinate the deployment of additional State Police resources to support the investigation. Q. Until such time as an investigation is assigned to personnel from the investigative bureau, patrol officers investigating missing children cases shall diligently pursue all investigative leads in an attempt to locate the missing child. R. Assigned investigative bureau personnel shall also refer the family of the missing person to the Victim Witness Unit of the Burlington County Prosecutor’s Office for additional support services in the appropriate circumstances. S. The investigative officer shall utilize the National Center for Missing and Exploited Children, a clearinghouse for missing person’s information. The investigative officer shall provide the required information related to the missing child. VI. Follow-up Searches – (See the written directive governing Search Procedures for Missing and Wanted Persons) VII. CJIS System/Teletype Messages A. Upon receipt of a missing child report, the investigating officer shall direct that the following messages and computer entries are made: 1. Any person who meets the below-established criteria will be entered into the National Crime Information Center’s (NCIC) missing persons files as soon as the required information is compiled. Missing person’s who are classified as High Risk Missing Persons are to be immediately entered into the NCIC system, the delay in the NCIC entry must not be greater than two (2) hours after the determination is made that the person is a high risk missing person. A missing person’s who does not meet the High Risk Missing Persons classification shall be immediately entered into the NCIC system, the delay in the NCIC entry must not be greater than twenty-four (24) hours after the missing persons report is filed with this agency. 2. The missing person report written documentation portion of the missing person report must be completed and signed PRIOR to entry into NCIC. 3. When making NCIC entries and teletype broadcasts, one of the below designators needs to be made for proper entry. The five designators are as follows: INVOLUNTARY: A person of any age who is missing under circumstances indicating that the disappearance was not voluntary, i.e., abduction, kidnapping, or circumstances not known. ENDANGERED: A person of any age who is missing under circumstances indicating that his/her physical safety is in danger. JUVENILE: A person who is unemancipated in the state in which they reside. General Order # 065 – Missing Children - Page 7 of 11 NJSACOP LEAP MODEL POLICIES 4. VIII. DISABILITY: A person of any age who is missing under proven physical/mental disability; or is senile, thereby subjecting himself/herself or others to personal and immediate danger. DISASTER VICTIM: Victims of floods, tornadoes, hurricanes, fires, explosions, plane crashes, etc. A missing persons teletype on the missing person shall be broadcast statewide and expanded as necessary. In cases where the missing person is a juvenile, the teletype shall Indicate one of the following categories that applies to the case: o Runaway o Parental Abduction o Family Abduction o Stranger abduction o Lost, or o Circumstances Unknown If the teletype is sent out indicating “circumstances unknown”, it must be clarified by entering one of the first five (5) designators above when a cancellation is broadcast. Investigative Bureau Responsibilities A. Whenever the initial investigation of a missing child case is unsuccessful in locating the individual, the case will be assigned to an officer of the investigative bureau for follow-up investigation. In addition, investigative bureau personnel will be assigned to the initial investigative efforts of cases involving child missing child cases with a high risk classification. B. The investigative bureau officer (or initial investigating officer is not assigned to the investigative bureau) shall maintain a liaison with the missing child’s family and/or the reporting person to provide frequent updates on the progress of the investigation. C. Officers should utilize the VIOLENT CRIMINAL APPREHENSION PROGRAM (VICAP), established by the Federal Bureau of Investigations as soon as practicable. 1. VICAP is a nationwide data information center designed to collect, collate and analyze a variety of violent crime information. 2. VICAP provides all law enforcement agencies reporting similar patterns of violent crimes with the information necessary to initiate coordinated multi-agency investigations. 3. Information on the VICAP program is available from any local FBI office or by writing to the FBI Academy in Quantico, VA. E. If applicable, the investigating officer will locate and examine any all credit and debit accounts the missing child had access to, as well as other banking or financial information that may aid in the location of the missing child. F. The investigating officer will locate and examine the records related to any and all cellular telephone accounts that the missing child had access to that may aid in the location of the missing person. Advanced technologies shall be explored, such as tracking the physical location of the cellular telephone through GPS features on the phone or by using tower triangulation. General Order # 065 – Missing Children - Page 8 of 11 NJSACOP LEAP MODEL POLICIES G. The investigating officer will attempt to locate DNA samples for any child who has been missing for 30 or more days. This will include obtaining of DNA samples for family officers of the missing person that may assist in the laboratory staff in future DNA analysis. 1. DNA samples should be collected under written consent provided by the requested family officers. 2. The family officers shall be informed that the DNA samples they provide in connection with the missing child’s investigation shall be provided on a voluntary basis and will be used solely to aid in the locating or identifying the missing child and shall not be used for any other purpose. 3. All collected DNA samples obtained shall be submitted to the New Jersey State Police Laboratory for analysis. In the event that the DNA is going to be submitted into a State and/or Federal DNA Database, proper written authorization from the person providing the sample must be obtained. All collected DNA samples that are authorized by the contributor will be uploaded into all respective state and federal databases. H. The investigating officer will attempt to locate dental information and x-rays for any child who has been missing for 30 days or more days. 1. The dental information and x-rays shall be obtained through written authorization. 2. The individually identifying dental records shall be entered, without delay, into the NCIC entry for the missing person. The investigating officer shall consult with dental and medical professionals to ensure that the dental records are correct and accurate prior to entry into the NCIC system. I. For any child who has been missing for 30 days or more days, the investigating officer shall obtain fingerprints for the missing child, if available, for later use in this investigation. The individually identifying fingerprint records shall be entered, without delay, into the NCIC entry for the missing person. The investigating officer shall consult with experts in this field to ensure the records are correct and accurate prior to entry into the NCIC system. J. The investigating officer shall make contact with and forward all relevant information to the Federal Bureau of Investigation’s Violent Criminal Apprehension Program (ViCap) at the earliest possible time. The items detailed in this policy that dictate actions on the 30 th day can be enacted at any time prior to the 30th day and are not limited to only investigations that have reached the 30th day mark. Standard 41.2.6.f IX. Dissemination of Information A. It shall be the responsibility of the investigating patrol officer to obtain a recent photograph of the missing child to assist in the creation of a missing person bulletin and shall employ the TRAK computer system for this purpose. The TRAK system shall be utilized to disseminate the missing person information throughout the state network and shall be utilized to provide officers of our agency with the information related to the missing child. 1. The bulletin shall be created as soon as practical after the investigation has commenced. 2. The bulletin shall be created on the photo imaging system and copies printed as needed. 3. The bulletin shall be distributed to all patrol squads for inclusion at their next scheduled roll call briefing. 4. Officers may reproduce the bulletins for use as needed. 5. One copy of the bulletin shall be posted on the missing persons clipboard in the patrol room. 6. The bulletins shall be distributed to other agencies as needed to assist in the investigation. B. The assigned officer of the investigative bureau shall be responsible for providing updates to the public information officer (PIO), via the chain of command, concerning the progress of the case. Standard 41.2.6.e General Order # 065 – Missing Children - Page 9 of 11 NJSACOP LEAP MODEL POLICIES VIII. C. The assigned officer shall make contacts with any appropriate community and civic organizations that may be able to offer assistance or intelligence in an effort to bring the case to an expedient resolution. D. As noted previously, in qualifying cases involving missing children the utilization of the state’s AMBER ALERT system shall be employed within the guidelines set by the New Jersey State Police. Return or Recovery of Missing Child A. Whenever an officer of this department receives a report that a missing child has returned home, the officer shall personally interview the child who was reported missing to confirm the information. B. In all cases, reporting parties shall be informed of the well being of located missing children. Unless criminal matters necessitate other action, desires of emancipated minors not to reveal their whereabouts shall be honored. D. Returned missing children shall be questioned to establish the circumstances surrounding their disappearance and whether criminal activity was involved. E. Officers shall ensure that initial questioning of the juvenile establishes the circumstances surrounding the child’s disappearance, any and all persons who may be criminally responsible, and/or whether an abusive or negligent home environment was a contributing factor. 1. Where indicated, follow-up action shall include filing a report with the Division of Youth and Family Services if necessary. 2. The case report shall include as much information as possible on the whereabouts, activities and companions of the juvenile while missing. F. Whenever a reported missing child is located, returned or otherwise recovered, the assigned officer shall direct that the following computer messages are sent and the following cancellations made: 1. Any entries into NCIC computer files and all teletype messages shall be cancelled. 2. A cancellation of the missing person teletype shall be sent immediately upon the person being located. The message will be broadcast consistent with the range of the original message. 3. A follow-up TRAK or AMBER ALERT bulletin shall be disseminated with in parameters in which it was originally disseminated throughout the State. This bulletin shall provide updated information that the reported missing child has been located. 4. Notifications that were made to the New Jersey State Police and the Federal Bureau of Investigations ViCap Unit shall be followed-up and information related to the recovery of the missing child shall be made. G. The assigned officer shall remove the missing person bulletin from the clipboard in the patrol room and, after review of the investigation report, attempt to notify all law enforcement agencies that have been providing assistance in the investigation. H. If the case is considered high profile and there is likelihood that the media will be making an inquiry, the duty supervisor shall contact the public information officer for instructions. Standard 41.2.6.f General Order # 065 – Missing Children - Page 10 of 11 NJSACOP LEAP MODEL POLICIES IX. X. Crime Prevention and Community Service A. The School Resource Officer and personnel assigned to the DARE Unit shall incorporate educational programs pertaining to missing children in the presentations delivered to schools, community organizations and neighborhood watch groups. B. The School Resource Officer and personnel assigned to the DARE Unit may also be utilized to gather intelligence from their various community contacts when a missing child investigation has been commenced by any officer of the department. Training A. The Superintendent of the New Jersey State Police is responsible for the development of training that will provide law enforcement with the best practices and protocols for conducting missing person investigations. B. This agency shall provide training access to its officers, so they can receive the required level of training so as to provide effective investigations related to missing persons. General Order # 065 – Missing Children - Page 11 of 11