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HomeMy WebLinkAboutMISSING PERSONS 15.5B TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: MISSING PERSONS GENERAL ORDER: 15.5B EFFECTIVE: July 23, 2012 RESCINDS: 15.5A & 13.6 ACCREDITATION STANDARDS: CFA 19.02 18.14 PAGES: 5 CONTENTS: This order consists of the following numbered sections: I. CRITERIA FOR TAKING A REPORT II. INITIAL RESPONSE III. AMBER ALERT IV. SILVER ALERT V. MISSING PERSON INVESTIGATION VI. GLOSSARY PURPOSE: The purpose of this General Order is to provide guidelines for the handling and investigation of missing persons. SCOPE: This order applies to all members. DISCUSSION: The Tequesta Police Department conducts all missing person investigations in accordance with Florida law and guidelines set forth in this General Order. The officer/detective, however will not be limited to these guidelines, but will take any reasonable and prudent actions to bring the investigation to a successful conclusion. POLICY: The Tequesta Policy Department will ensure that all cases involving missing children and adults are investigated promptly using appropriate resources. PROCEDURE: I. CRITERIA FOR TAKING A REPORT: A. A missing person report will be taken if the subject is considered a “Missing Child” or a “Missing Endangered Person.” B. The agency having jurisdiction over the location where the reported missing subject was last known to have been will have jurisdiction and requirement to file an original missing person report. This does not preclude an agency from accepting a missing persons report when agency jurisdiction cannot be determined. G.O. 15.5B II. INITIAL RESPONSE: The responding officer will conduct a comprehensive investigation and prepare a report which documents all relevant facts and circumstances concerning the disappearance and the validity of the complaint. Further initial measures should include: A. Interview the complaintant and witnesses to obtain a complete physical description (i.e.; clothing, vehicle,etc.) and any information which may indicate the possible whereabouts or destination of the missing subject (i.e.; known friends or associates, known hangouts, etc.) B. Transmit the information to communications as rapidly as possible to ensure it’s radio transmittal for BOLO purposes. C. Determine and document any unusual circumstances or facts such as mental/physical conditions, medical necessities, suicide/farewell notes, possession of weapons and/or drugs, and the possibility of abduction, or other criminal activity. D. Obtain a recent photograph of the subject and determine if any fingerprints, x-rays, birth and/or dental records are available and the name and location of the dentist/doctor, if possible, and include same in offense report. E. Notify a supervisor if additional resources are needed (K-9, Aviation, Dive team, Detectives, etc.). F. In the case of a missing child, obtain permission to search the home or place of disappearance. During the search, the officer should be alert for indicators of foul play or other possible reasons for the disappearance. Document if the child has access to the internet, cellular telephone, or other Note: electronic messaging devices. In addition to a parent or guardian, DCF or a DCFG contractor, may also file a report of a missing child. G. Within two (2) hours of receiving the missing person information, the subject should be entered into FCIC/NCIC. Forward all required reports and forms to communications, the detective, or other applicable entities for follow up investigation and entry into FCIC/NCIC and other applicable systems and agencies III. AMBER ALERT: An Amber Alert utilizes the Emergency Alert System to broadcast critical information of a missing/abducted child believed to be endangered, in a timely manner, to the general public via radio and television to assist in the search for and safe return of a child. If it is determined that an Amber Alert should be activated, the operations commander, or designee, must be contacted to approve the request to activate the plan. A. To activate the Amber Alert the following five criteria must be met: 1. The child must be under (18) years of age. 2. There must be a clear indication of an abduction. 3. A child is missing, there is evidence of foul play, and law enforcement must conclude that the child’s life is in danger. 4. There must be a detailed description of child and/or abductor/vehicle to broadcast to the public (photo when available). 5. The activation must be recommended by the local law enforcement agency of jurisdiction. B. Additional consideration may be given for the following circumstances: 1. A vehicle was stolen or car jacked and a child was left inside the vehicle. 2 G.O. 15.5B 2. A child is missing and particular consideration is given to their behavior or mental capacity in some way contributing to their disappearance. The child is also considered endangered. C. The plan may not be used for runaways, custody disputes where the child is not considered endangered or Missing children where no foul play suspected. D. Once the missing Child has been located the Amber Alert must be cancelled IV. SILVER ALERT: The Silver Alert System has been developed to aid in the rescue or recovery of a Missing elderly person who suffers from irreversible deterioration of intellectual faculties. A. The standardized criteria for the Florida Silver Alert Plan are as follows: 1. Missing person must be sixty (60) years or older and there must be a clear indication that the individual Has an irreversible deterioration of Intellectual faculties (i.e., dementia). 2. Under extraordinary circumstances when a person age eighteen (18) to fifty-nine (59) has irreversible deterioration of intellectual faculties and the operations commander or designee has determined the missing person lacks the capacity to consent, and that the use of dynamic message signs may be the only possible way to rescue the missing person. B. The primary criteria for FDOT/FHP/FDLE dynamic message sign activation, in which all criteria must Be met, in addition to the above standard criteria are: 1. The operations commander or designee has already activated a local or regional alert by contacting media in the local and/or surrounding jurisdictions; 2. The investigation must conclude that disappearance poses a credible threat to the person’s welfare and safety; 3. There must be a description of the vehicle and a tag number to display on the Florida Department of Transportation dynamic message signs; 4. The investigating officer/detective must verify vehicle and tag information; 5. The investigating officer/detective must have entered the missing person into the FCIC/NCIC And issued a statewide BOLO to other law enforcement 9-1-1 centers. C. It is determined that a Silver Alert should be activated, the operations commander, or designee, must be contacted to approve the request to activate the plan. Once approval is received, contact will be made with the Missing Endangered Persons Information Clearinghouse (MEPIC) at 1-888-356-4774 to activate. D. Once the individual is located, the Silver Alert must be canceled. VI. MISSING PERSON INVESTIGATION: When a missing person investigation has been referred to the detective, the follow apply: A. Review all reports to ensure the necessary data is documented, especially in regards to dental information and that proper entry has been made into FCIC/NCIC. B. Re-contact the complainant and continue contact as much as practical during the investigation. 3 G.O. 15.5B C. If the subject remains missing for more than thirty (30) days, the detective will make contact with the next of kin, spouse, guardian, etc. and execute a medical release form (FCN 050). D. The detective will deliver the release to the dentist, if local, and obtain the necessary dental records for entry into FCIC/NCIC. E. If the dentist is not local, the release is to be sent by certified mail. F. Upon receipt of the dental records, a copy will be forwarded for entry into FCIC/NCIC. G. If available, copies of birth records, fingerprints, x-rays, and other applicable records should be obtained at this time. H. In accordance with Florida law, if a person who has been reported as missing has not been located within ninety (90) days after the missing person report was filed, the detective will attempt to obtain a biological specimen for DNA analysis from the missing person or from appropriate family members of the missing person in addition to any documentation necessary to enable the agency to use the specimens in conducting searches of DNA databases. Collection of DNA is contingent upon the availability of an appropriation of federal funds for the submission and processing of approved biological specimens for DNA analysis. I. In the case of a missing child the detective should coordinate with school officials to determine if any contact has been made by the missing child. J. Notwithstanding the above suggested procedures, the detective should utilize all investigative methods at his/her disposal in a continuing effort to locate the missing person. K. Once the missing person has been located, verification should be confirmed and all Data entered into FCIC/NCIC, etc. should be removed at this time. L. Missing Person cases will not be closed until the missing person is located. M. A monthly review will be conducted of a missing person data in FCIC/NCIC to verify that the case is still active. VI. GLOSSARY: AMBER ALERT – America’s Missing Broadcast Emergency Response Plan. The Florida Amber Plan/ Florida Emergency Missing Child Alert (Amber Alert) was established by the FDLE in conjunction with the Department Of Community Affairs (DCA) and the Florida Association of Broadcasters, Inc. (FAB, Inc.) to use the Emergency Alert System to broadcast critical information of a missing/abducted child believed to be endangered, in a timely manner, to the general public via radio and television to assist in the search for and safe return of a child. SILVER ALERT – FDLE in conjuction with the Florida Chiefs and Sheriffs, Florida Department of Transportation (FDOT), Florida Department of Elder Affairs (DOEA), Florida Highway Patrol (FHP), Florida Legislators and concerned citizens/organizations has established The Florida Silver Alert Plan . The purpose of the Florida Silver Alert Plan is to aid local law enforcement in the rescue or recovery of missing elderly persons who suffer from irreversible deterioration of intellectual faculties. MISSING ADULT – A person eighteen (18) years of age or older whose temporary or permanent residence is in, or is believed to be in, the state of Florida, whose location has not been determined, and who has been reported as missing to a law enforcement agency. 4 G.O. 15.5B MISSING CHILD – A person who is younger than eighteen (18) years of age whose temporary or permanent residence is in, or believed to be in, the state of Florida, whose location has not been determined, and who has been reported as missing to a law enforcement agency. MISSING ENDANGERED PERSON – A missing child; a missing adult younger than twenty six (26) years of age; or a missing adult twenty six (26) years of age or older who is suspected by a law enforcement agency of being endangered or the victim of criminal activity. PARENTAL ABDUCTION – Circumstances involving a family member abduction; including a divorced or separated parent’s failure to return the child to the child’s guardian or taking the child without the knowledge or permission of the child’s guardian or any violation contrary to a valid and current court order. RUNAWAY JUVENILE – A juvenile who has run away on his/her own volition without the consent Of the parent(s) or guardian(s). UNUSUAL CIRCUMSTANCES – If during the preliminary investigation the officer determines or Suspects that unusual circumstances exists, the officer will cause all appropriate resources to be activated. These circumstances include but are not limited to; 1. The missing youth/adult is mentally incapacitated. 2. The missing youth/adult is drug dependent (prescribed or illegal medication). 3. The missing youth/adult is a potential victim of foul play or sexual exploitation. 4. There is reason to believe that the missing youth is subjected to a “Dangerous Environment.” This is a relative term that depends on the age and development of the child. 5. The absence is a significant deviation from established patterns of behavior and cannot be explained. INDEXING: AMBER ALERT SILVER ALERT JUVENILE, MISSING PERSONS MISSING PERSONS DRAFTED: GPP/July 2012 APPROVED: Pete Pitocchelli, Chief DATE: July 23, 2012 Tequesta, Florida 5