Adopted: 06/03/2010 DEPARTMENT GENERAL ORDER
SUBJECT: MISSING PERSONS Number: 2-20
EFFECTIVE DATE: 00/00/0000 REVIEW DATE: 00/00/0000
AMENDS/SUPERSEDES: 09/18/2003 APPROVED:______
04/09/2008 Chief Law Enforcement Officer
I. POLICY:
It shall be the policy of this agency to thoroughly investigate as soon as reasonably possible all reports of missing persons, including children and senior citizens. In addition, this agency holds that every person reported as missing will be considered “at risk” until significant information to the contrary is confirmed. Law enforcement officers should become familiar with the information on missing person (adult and children) provided by the National Center for Missing and Exploited Children at (1-800-843-5678 or www.missingkids.com)
II PURPOSE:
The purpose of this policy is to establish responsibilities and guidelines regarding this agency’s response to reports of all missing persons, including the use of LOCATER and the Amber Alert for abducted children, as well as the Silver Alert for endangered senior citizens.
III. DEFINITIONS:
A. Amber Alert Plan: An early warning system available for use by law enforcement to alert the public when a child has been abducted and law enforcement believes the child is in imminent danger of bodily harm. This plan is designed to enlist the public's assistance in the safe recovery of the victim and/or the apprehension of a suspect.
B. Autism: Autism is a bio-neurological developmental disability that generally appears before the age of 3, which can impact the normal development of the brain in the areas of social interaction, communication skills, and cognitive function. Individuals with autism typically have difficulties in verbal and non-verbal communication, social interactions, and leisure or play activities. They often suffer from numerous physical ailments which may include: allergies, asthma, epilepsy, digestive disorders, persistent viral infections, feeding disorders, sensory integration dysfunction, sleeping disorders, and more.
C. Citizen Alert System (CAS): Maine.gov's Citizen Alert System has been established as a way for Maine state government to keep the public informed about events that may impact public health or safety. Information issued through the Maine.gov Citizen Alert System is provided directly from authorized state government officials.
D. Dementia: Dementia is a disease of the brain that causes problems with memory, thinking and behavior. Other symptoms include: confusion, getting lost in familiar places, misplacing things, and trouble with speaking or writing. The disease usually affects the elderly, but may also be found in those under the age of 65 and as young as 40 years of age.
E. LOCATER (LOst Child Alert TEchnology Resource): A program to hasten the recovery of missing and abducted persons, locate and apprehend wanted persons, and announce crime alerts and rewards by providing law-enforcement agencies the technology to rapidly disseminate images and information.
F. Media: Print, radio, internet-based communication systems or other methods of communicating information to the public.[1]
G. Missing Child: For purposes of entry into NCIC, A person who is younger than twenty-one (21) years of age, and whose whereabouts are unknown to a parent, guardian, or responsible party. (Suzanne’s Law enacted in 2003).
H. Missing Senior Citizen: A person who at the time is first reported missing is 60 years of age or older or, under extraordinary circumstances, a person 18 to 59 years of age who also meets the criteria in a and b:
a. With respect to whom there is a clear indication that the person has an irreversible deterioration of intellectual faculties such as dementia, as determined by a local law enforcement agency; and
b. Whose disappearance poses a credible threat to the safety and health of the person as determined by a local law enforcement agency[2]
I. Silver Alert: A notice provided under 25 M.R.S., chapter 259 to the public through law enforcement agencies and the media.[3]
J. Silver Alert Program: The statewide alert program for missing senior citizens developed and implemented under 25 M.R.S., chapter 259.[4] It is the intention of this policy to first conduct a search for a missing senior citizen locally. A statewide Silver Alert notification should be utilized only after an exhaustive local search is conducted, if reasonable, when the disappearance of the missing senior citizen poses a credible threat to the safety and health of the person as determined by a local law enforcement agency.
K. Unusual Circumstances: Refers to a missing child who is:
1. Thirteen (13) years of age or younger. This age was
established by the federal Missing Persons Assistance
Act because persons 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, or:
2. Any person (Adult or Child) believed to fit one or
more of the following descriptors:
a. Out of the Zone of Safety For Age Developmental Stage: The zone of safety will vary depending on the age of the person and the person’s developmental stage. In the case of an infant, for example, 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. For a school age child, the zone of safety may be the immediate neighborhood or the route taken between home and school.
b. Mentally Diminished: If the person is developmentally disabled or emotionally disturbed or if the person may have difficulty communicating with others about needs, identity, or address. The disability places this person in danger of exploitation.
c. Drug Dependent: This includes both prescription and
illicit substances. Any drug dependency puts the
missing person at risk. The diabetic or epileptic
person requires regular medication or the person’s
condition may become critical. The illicit drug
abuser, on the other hand, may resort to crime or
become the victim of exploitation.
d. Potential Victim of Foul Play or Sexual Exploitation: Significant risk to the person can be assumed if the investigation reveals indications of a possible abduction, violence at the scene of abduction, or signs of sexual abuse.
e. Life Threatening Situation: The environment in
which the person is missing may be particularly
hazardous. Examples of a dangerous environment
could be a busy highway for toddler, an all-night
truck stop for a young teenager or extreme weather
conditions.
f. Missing From Home: Officers must clearly understand that they will accept a missing person case not matter how much time has passed, as a delay in reporting, it may also indicate the existence of neglect or abuse within the family.
g. Believed To Be with Adults Who Could Endanger the Child’s Welfare: A missing person in such
circumstances may be in danger not only of sexual
exploitation, but of involvement in criminal
activity such as burglary, shoplifting and robbery.
h. Absent Under Circumstances Inconsistent With
Established Patterns of Behavior: Most persons
have an established routine that is reasonably
predictable. Significant, unexplained deviations
from that routine increase the probability of risk
to the missing person.
3. Any other situation where a person’s disappearance involves circumstances that would cause a reasonable person to conclude that the missing person should be considered at risk.
IV. PROCEDURES:
A. Determination of Unusual Circumstances:
1. If it is determined that unusual circumstances are involved in the report of a missing person, a through investigation, including the use of all appropriate resources will commence immediately.
2. If appropriate, existing interagency response protocols should be activated. Pre-planned strategies for responding to missing person reports are a best practice’s model for successful case resolution.
B. Emergency Communication Specialist’s (ECS)
Responsibilities: The ECS who receives the report of a
missing person will be responsible to:
1. Determine if circumstances of the report meet the
definition of a missing person.
2. Immediately dispatch a law enforcement officer to the
scene of the report. Note: The National Child Search
Assistance Act of 1990 mandates law enforcement’s
immediate response to reports of missing persons, and
the prompt entry of descriptive information into the
NCIC Missing Person File.
3. Notify a supervisor.
4. Transmit the appropriate radio alerts and other
notifications.
5. Search agency records for related information.
6. For an Adult 21 years or older, enter the missing
person information into the NCIC Missing Person File as
soon as reasonably possible.
7. If a search of the home and immediate area proves
unproductive, notify or consult with the Maine Warden
Service (MWS) regarding circumstances of the case. The
MWS can be contacted at 1-800-452-4664. The MWS has
statutory responsibility to conduct searches for lost
persons in the inland areas of Maine. The MWS has the
capability to assist agencies with or conduct searches
for missing persons.[5]
8. For a person under the age of 21 years, whose
whereabouts are unknown to the parent, guardian, or
responsible party the entry into the NCIC Missing
person File must be within 2 hours of the officer’s
report being submitted to the dispatch/entering agency.
Note: The Adam Walsh Child Protection and Safety Act of
2006 mandates law enforcement’s immediate response to
reports of missing persons, and the prompt entry
(2 hours within receipt) of descriptive information
into the NCIC Missing Person File. The Adam Walsh Act
enhances the National Child Search Assistance Act.
9. Initiate media contact at the direction of the
investigating officer or supervisor.
10. The Association of Public Safety Communication Officials (APCO) International has guidelines for call
takers as to the handling of call pertaining to Missing
and Sexually Exploited Children. See link.
http://www.missingkids.com/911standards
C. Responding Law Enforcement Officer’s Responsibilities: The law enforcement officer who is assigned as a first
responder to the report of a missing person will be
responsible to:
1. Respond directly to the scene.
2. Interview parent(s) or person(s) who made the initial
report and complete the Missing Persons/Wanderers Information Sheet (See 2-20A). Ascertain if missing person suffers from autism, Alzheimer’s, dementia or memory impairment.
3. Obtain a complete description of the missing person.
4. Never assume that searches conducted by distraught parents or others have been performed in a thorough manner. Initiate a search of the home and surrounding area.
5. If a search of the home and immediate area proves unproductive, notify or consult with the Maine Warden Service (MWS) regarding circumstances of the case. The MWS can be contacted at 1-800-452-4664. The MWS has statutory responsibility to conduct searches for lost persons in the inland areas of Maine. The MWS has the capability to assist agencies with or conduct searches for missing persons.[6]
6. Confirm the custody status of the missing person.
7. Identify the circumstances of the disappearance and define the category of the missing person investigation.
8. Determine when, where, and by whom the missing person was last seen.
9. Interview the individual(s) who last had contact with the missing person.
10. Identify the missing person’s zone of safety for the person’s age and developmental stage.
11. Obtain a description of the suspected abductor(s) and other pertinent information if an abduction is indicated.
12. Identify witnesses and obtain formal statements immediately.
13. Determine the correct NCIC Missing Person File category and ensure that a notification is promptly transmitted. Have parents, guardian or legal custodian fill out NCIC Missing Person Affidavit (See Appendix 1). There are five (5) categories within the Missing Person File: disability, endangered, involuntary, juvenile, and catastrophe.
14. Provide detailed descriptive information to communications unit for local and statewide broadcast.
15. Conduct a thorough scene search.
16. Secure and safeguard the area as a potential crime scene. First responders must take control of the immediate area where the incident occurred and establish an appropriate perimeter to avoid destruction of vital evidence. In addition to external crime scenes, the missing person’s home, and particularly the missing person’s bedroom, should be secured and protected until evidence and identification material such as hair, fingerprints, bite marks, etc., are collected.
17. Prepare necessary reports and complete appropriate forms(Reports should include everything, not just those events that seem to have a direct bearing on the case).
D. Supervisors Responsibilities: The supervisor who is assigned to the report of a missing person will be responsible to:
1. Obtain a briefing from the first responder(s) and other
agency personnel at the scene.
2. Determine if additional personnel and resources are
needed to assist in the investigation. Consult the
Maine Warden Service if a ground search is indicated.
3. Initiate the Amber Alert Plan, if the criteria for
abducted children is met (See Appendix 2).
4. Establish an Incident Command Post. The recommended
protocol is the National Incident Management System
(NIMS). Assistance can be obtained by contacting the
Maine Emergency Management Agency (MEMA @207-624-4400
and/or the Maine Department of Public Safety’s
Emergency Communications Bureau at 1-800-452-4664.
Using the victim’s home as a command post is not
recommended.
5. Organize and coordinate search efforts.
6. Ensure that all required notifications have been made, including law enforcement agencies that can assist in the investigation.
7. Establish a liaison with the victim’s family.
8. Confirm that all agency policies and procedures are
followed.
9. Manage media relations.
10.Initiate a Silver Alert notification to the media if
criteria are met for a missing senior, or person who
meets the definition under Silver Alert. If
appropriate, also notify the Department of Public
Safety’s Emergency Communications Bureau at
1-800-452-4664, who will then notify the Department of
Transportation, Maine Turnpike Authority and the Maine
Lottery System for Silver Alert activation statewide.
See Sample Silver Alert notification in (Appendix 4).
E. Investigator’s Responsibilities: The investigator who is
assigned to the report of a missing person will be
responsible to:
1. Obtain a briefing from agency personnel.
2. Verify the accuracy of all descriptive information.
3. Conduct a neighborhood investigation.
4. Obtain a brief history of recent family dynamics.
5. Explore the basis for conflicting information.