Osceola County Sheriff's Office Missing Persons Policy and Procedures PDF

Osceola County Sheriff's Office Policy and Procedures Sheriff Marcos R. Lopez Number: 207.0 Effective Date: 11/07/24 P.R.C. Review: 11/07/08 S.M.E. Review: Rescinds: 07/13/23 Amends: Accreditation Standa...

Osceola County Sheriff's Office Policy and Procedures Sheriff Marcos R. Lopez Number: 207.0 Effective Date: 11/07/24 P.R.C. Review: 11/07/08 S.M.E. Review: Rescinds: 07/13/23 Amends: Accreditation Standards: CFA 14.03, 15.12, 16.02 Subject: Missing Persons This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose To establish guidelines for investigating reports of missing persons. {CFA 15.12} 2. Policy This agency shall investigate any incident involving a missing child, an involuntary disappearance, and endangered or disabled missing adults. {CFA 15.12} 3. Definitions A. Alzheimer's Disease – A type of dementia that affects memory, thinking, and behavior. B. Amber Alert – Amber Alert broadcasts are critical information bulletins about child abduction cases that are released to the general public. Methods of broadcasting information include radio, television, dynamic message signs, lottery machines, and the Florida Department of Law Enforcement’s (FDLE) website. Law enforcement agencies are notified through their Florida Crime Information Center (FCIC) terminal. C. BOLO – An acronym for “Be on the Look-Out.” D. Brain Injury – An injury when a blow or trauma to the head causes significant brain damage. E. Child Abduction Response Team (CART) – A multi-agency investigative unit made up of local, state, and federal law enforcement investigators, as well as selected government agencies and local businesses. Their purpose is to efficiently and effectively respond to child abduction for the purpose of recovering the child. F. Dementia – Irreversible deterioration of intellectual faculties. G. Developmental Disability – A disorder or syndrome that is attributable to intellectual Page 1 of 11  207.0 disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willie syndrome that manifests before the age of eighteen (18) and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely, FSS 393.063(11). H. Enhanced Missing Child Alert – A third-level activation of the Amber Alert System that can be issued for a child who is missing and believed to be in imminent danger of death or serious bodily injury, when there is no apparent sign of abduction or the known facts do not meet all five (5) Amber Alert criteria, but circumstances indicate that child may be in imminent danger. An Enhanced Missing Child Alert allows for immediate distribution to media outlets for public awareness. I. Intellectual Disability – A condition characterized by a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which manifests before the age of eighteen (18) and can reasonably be expected to continue indefinitely. 1. Adaptive Behavior – The effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of his or her age, cultural group, and community. 2. Significantly Subaverage General Intellectual Functioning – A performance that is two or more standard deviations from the mean score on a standardized intelligence test specified in the rules of the agency. J. Jennifer Kesse and Tiffany Sessions Missing Persons Act – Florida legislation requiring that a report of a missing adult, twenty-five (25) years of age or younger whose whereabouts are unknown, is accepted by the law enforcement agency having jurisdiction and is transmitted for inclusion within FCIC/NCIC as soon as the minimum criteria for entry of the missing person into FCIC/NCIC have been met. {CFA 15.12} K. Missing Adult(s) – A person eighteen (18) years of age or older, whose temporary or permanent residence is in, or is believed to be in this state, whose location has not been determined, and who has been reported as missing to a law enforcement agency. L. Missing Child – A person younger than eighteen (18) years of age, whose temporary or permanent residence is in, or is believed to be in this state, whose location has not been determined, and who has been reported as missing to a law enforcement agency. M. Missing Child Alert – A second level activation of the Amber Alert System that can be issued for a child who is missing and believed to be in danger of death or serious bodily injury, when there is no apparent sign of abduction or the known facts do not meet all five (5) Amber Alert criteria, but circumstances indicate that child may be in danger (for example a toddler disappears from a theme park while vacationing with his/her parents). A Missing Child Alert allows for immediate distribution to media outlets for public awareness. N. Missing Disabled Person – A missing person of any age who suffers from a physical and/or mental disability that subjects themselves or others to immediate danger. Page 2 of 11  207.0 O. Missing Endangered Person – A missing child, missing adult younger than twenty-six (26) years of age, 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, or a missing adult who meets the criteria for activation of the Silver Alert Plan of the Department of Law Enforcement. P. Missing Involuntary Person – A person of any age who is missing under circumstances indicating that the disappearance may have been against his/her will (e.g., abduction or kidnapping). Q. Other Missing Person – A person not meeting the criteria for entry in any other category who is missing and for whom there is a reasonable concern for their safety. R. Project Lifesaver – A program established to assist family members monitor qualified persons with Alzheimer’s, dementia, or developmental disabilities who wander from home and do not have the mental status or ability to return on their own. S. Purple Alert (State/Local) – A plan used to assist in the location of missing adults suffering from a mental or cognitive disability that is not Alzheimer’s Disease or a dementia-related disorder; an intellectual disability or a developmental disability; a brain injury; other physical, mental or emotional disabilities that are not related to substance abuse; or a combination of any of these and whose disappearance poses a credible threat of immediate danger or serious bodily harm. Purple Alerts engage the public in the search for the missing person and provide a standardized and coordinated community response. For a State Purple Alert, the missing person must be driving or a passenger in a motor vehicle with an identifiable license plate or other vehicle information. If the missing person is on foot or in an unidentified vehicle, the law enforcement agency may initiate a Local Purple Alert. T. Silver Alert – A plan to aid local law enforcement in the rescue of cognitively impaired individuals who become lost while traveling by motor vehicle with an identified license plate number or other vehicle information, by broadcasting pertinent information to the public through the use of critical information bulletins posted on the Florida Department of Transportation’s (FDOT) road signs that provide descriptive information to the public about elderly missing persons. 4. Procedure: A. General Members shall respond to any report of a missing person. Sworn members shall respond to all calls of missing children regardless of age, any person who is suspected of being endangered or disabled, or as directed by a Supervisor. Any person having knowledge of a missing involuntary, endangered, or disabled person may file a missing persons report. In conformance with FSS 937.021, there shall be no waiting period for the investigation or documentation of any runaway or missing child incident. {CFA 15.12, 16.02} B. Preliminary Investigations Once on scene, the responsible member shall investigate the person’s disappearance and determine if there is a condition or circumstance involving the disappearance which Page 3 of 11  207.0 leads the member to believe the missing person is in imminent danger of death or great bodily harm. Supervisors shall be told of any circumstances leading the member to believe the missing person is in imminent danger of death or great bodily harm. Circumstances to consider which may indicate the missing person’s life is in danger and he/she qualifies as a Missing Involuntary Person, Missing Endangered Person, or a Missing Disabled Person include, but are not limited to the following: {CFA 16.02} 1. The missing person’s life has been threatened. 2. The missing person has threatened and/or attempted to commit suicide. 3. The missing person has been a victim of domestic violence or child abuse. 4. The missing person has a physical or mental condition that may subject him/her to death or great bodily harm if not found. 5. The missing person has no apparent way to care for themselves. Their disappearance was sudden and cannot be explained. 6. There is evidence at the scene of the disappearance that indicates a struggle or violence has occurred. 7. A ransom or other demand has been made for the missing person’s safe return. 8. There is reason to believe the missing person was taken or is being held against his/her will. C. Missing Involuntary, Endangered, or Disabled Persons 1. Sworn Member Responsibilities {CFA 16.02} If the sworn member determines that the missing person qualifies as missing involuntary, endangered, or disabled, he/she shall: {CFA 15.12} a. Determine the last location where the missing person was last seen, FSS 937.021(3), and if the report is credible, FSS 937.021(4)(b). (1). FSS 937.021(3) – “A report that a child or adult is missing must be accepted by and filed with the law enforcement agency having jurisdiction in the county or municipality in which the child or adult was last seen. The filing and acceptance of the report imposes the duties specified in this section upon the law enforcement agency receiving the report. This subsection does not preclude a law enforcement agency from accepting a missing child or missing adult report when agency jurisdiction cannot be determined.” (2). FSS 937.021(4)(b) – “Upon the filing of a credible police report that an adult is missing, the law enforcement agency receiving the report shall, within two (2) hours after receipt of the report, transmit the report for inclusion within the Florida Crime Information Center (FCIC), the National Crime Information Center (NCIC), and the National Missing and Unidentified Persons System (NamUs) databases.” (3). If the responsible agency refuses to take a report of a missing person in accordance with FSS 937.021(3), the responding Page 4 of 11  207.0 member shall contact the Crimes Against Persons Sergeant and relay the information to him/her. b. Determine if the missing person is a Project Lifesaver Client and follow Policy 467.0, Project Lifesaver, 4(H), Search and Recovery Efforts. c. Obtain and document consent or other legal authorization to search the last known location and/or residence of the missing person. {CFA 15.12} d. Once lawfully authorized, conduct a thorough search of the last known location and residence of the missing person. If there is a history of domestic violence, the sworn member shall contact this agency’s Domestic Service/Victim’s Advocate to ensure the missing person is not in a shelter. {CFA 15.12} e. Secure items of evidence at the scene and/or the missing person’s home which could be altered/destroyed during or after the initial search, including articles which may provide the missing person’s DNA, fingerprints, footprints, and/or dental impressions. {CFA 15.12} f. If necessary, locate a scent article to be collected by the Canine Handler if they have been requested to respond to the scene, following Policy 406.0 Patrol Operations and Policy 407.0 Canine Utilization. g. Inform the Sector Supervisor of the circumstances of the incident. {CFA 15.12} h. If the missing person was last seen within the unincorporated area of Osceola County, the responding sworn member shall initiate an incident report to include the name, race, gender, date of birth, physical description, clothing description, vehicles owned or otherwise involved, location last seen, the circumstances surrounding the disappearance, description of anyone accompanying the missing person, place of employment or school, prescribed medications, whether the subject has the medication with him, and any physical and/or mental disability of the missing person. However, if jurisdiction cannot be determined and the missing person is a current resident of Osceola County, the responding sworn member shall initiate the incident report. {CFA 15.12} i. Document a possible travel destination, vehicle description, or other trackable device(s), and any property carried, including cash, credit cards, and cellular phones. {CFA 15.12} j. If the missing person is a juvenile, responding members shall conduct a thorough search of the house and property even if the reporting party advised it was checked. If the missing juvenile is not located after a search of the house and property, the member shall document the following additional information: {CFA 15.12} (1). If the juvenile has been reported missing before and the previous location of recovery. {CFA 15.12} (2). The names, addresses, and phone numbers of friends and associates. {CFA 15.12} (3). If the Florida Department of Children and Families (DCF) is involved in prior incidents of abuse or foster care, include the caseworker’s information, if applicable. {CFA 15.12} (4). Determine if the child is on probation and include the probation officer’s information, if applicable. {CFA 15.12} k. Contact the Communications Section in less than two (2) hours, to enter the missing person’s personal information, including any vehicle driven, Page 5 of 11  207.0 into the FCIC/NCIC systems. {CFA 15.12} (1). Entry of the missing person into FCIC/NCIC shall be completed within two (2) hours of the Sheriff’s Office receiving the report. {CFA 15.12} (2). The sworn member shall inform the communication officer if the entry is being made pursuant to the Jennifer Kesse and Tiffany Sessions Missing Persons Act, to ensure proper notation in the FCIC/NCIC remarks field. {CFA 15.12} (3). The sworn member shall document the Communications Operator’s employee identification number in the incident report. {CFA 15.12} l. Initiate a missing person BOLO for broadcast to agency members, other law enforcement agencies in the county, and to agencies of possible travel destinations. {CFA 15.12} m. Obtain a current photograph (if possible) and upload it into the files tab of Spillman in the appropriate name number and/or incident number. {CFA 15.12} n. Determine if the circumstances warrant an Amber Alert, Missing Child Alert, Enhanced Missing Child Alert, Silver Alert, or Purple Alert. {CFA 15.12} 2. Supervisor Responsibilities {CFA 16.02} a. Respond to the scene if the disappearance is believed to be involuntary, the missing person is a child twelve (12) years of age or younger, there is a substantial risk to the missing person’s life if he/she is not located, or as otherwise deemed necessary. At the discretion of the Platoon Lieutenant, a Supervisor may not need to respond to a missing person twelve (12) years of age or younger who is known to be a habitual runaway and there is credible evidence to believe the child’s disappearance does not pose an imminent danger to the child’s safety. {CFA 14.03} b. Ensure responding sworn members’ tasks have been completed. c. Based on the circumstances, choose the appropriate search method. d. Determine the need for additional members based on the circumstances (e.g., CID, Canine Unit, Aviation support, etc.). e. Determine the need to institute the Incident Command System. f. If applicable as outlined in Policy 451.0, Criminal Investigations, notify the appropriate CID Unit, or the appropriate on-call Detective Sergeant after normal business hours. g. Determine the need to request, through the chain of command to the CID Bureau Major or designee, assistance from the following: {CFA 15.12} (1). FDLE’s Child Abduction Response Team (CART). (2). Reverse 911 – Patrol can use it prior to CID involvement, if needed. (3). Utilization of an area-wide telephone messaging system, “A Child is Missing, Inc.” – Patrol can use prior to CID involvement, if needed. (4). The Federal Bureau of Investigation (FBI). (5). Civilian volunteers (such as citizens who are not agency members, but who wish to help with the search effort). (6). Authorization to request issuance of an Amber Alert, Missing Child Alert, Enhanced Missing Child Alert, Silver Alert, or Purple Alert. h. Notify the Platoon Lieutenant. i. Notify the on-call victim’s advocate, if appropriate. Page 6 of 11  207.0 3. Platoon Lieutenant Responsibilities a. Notify the Division Captain for only these types of incidents listed above in C(2)(g). b. Respond to the scene of an Advanced Response or Major Search Response, as defined in Policy 451.0, Criminal Investigations, and serve as the Incident Commander until properly relieved. D. Other Missing Persons 1. If the missing person does not qualify as a Missing Involuntary Person, Missing Endangered Person, Missing Disabled Person, or qualify under the concessions of the Jennifer Kesse or Tiffany Sessions Missing Persons Act, the member may enter the person into FCIC/NCIC as missing “Other” if the circumstances surrounding the person’s absence has established a reasonable concern for their safety. 2. Reasonable concern for the person’s safety can be established if there are facts to show that a person’s whereabouts are unknown and unexplained for a period of time that is regarded by knowledgeable parties as highly unusual or suspicious in consideration to the subject’s behavioral patterns, plans, or routines. Examples of this may include, but are not limited to the following: a. The person has not returned from work, school, or an errand at the designated time. b. No contact can be made with the person, it is highly unusual, and out of the person’s ordinary routine. c. The person is absent and their absence cannot be explained and their personal belongings (clothing, medication, identification, cell phone, etc.) were left behind. 3. If it is determined the person does not meet the criteria to be entered into FCIC/NCIC as missing “Other” the member shall attempt to locate and/or contact the person. If they are unsuccessful, the member shall issue an Attempt to Contact/Locate/Check Well-Being BOLO and complete an incident report. 4. If it is determined the person should be entered into FCIC/NCIC as missing “Other” the member shall: a. Attempt to locate the missing person. b. Initiate an incident report to include the name, race, gender, date of birth, physical description, clothing description, vehicles owned or otherwise involved, description of anyone accompanying the missing person, place of employment or school, prescribed medications, whether the subject has the medication with him, and any physical and/or mental disability of the missing person. c. Document a possible travel destination, vehicle description, or other trackable device(s), and any property carried, including cash, credit cards, and cellular phones. d. Contact the Communications Section to initiate a missing person BOLO and enter the missing person’s personal information, including any vehicle driven, into the FCIC/NCIC systems. Missing Adults who do not qualify as Page 7 of 11  207.0 one (1) of the above-listed categories in D(1) of the section may be entered into FCIC/NCIC as missing “Other.” e. Obtain a current photograph (if possible) and upload it into the files tab of Spillman in the appropriate name number and/or incident number. E. Responding Detective’s Duties A detective called to the scene shall accomplish the following, when applicable: {CFA 15.12} 1. Conduct an in-depth interview with the missing person’s parents, witnesses, and anyone who may have last seen the missing person. {CFA 15.12} 2. Conduct a neighborhood check that includes contacting the missing person’s friends and relatives living in the local area. {CFA 15.12} 3. Communicate with Patrol members about probable locations or other leads pertaining to the missing person. {CFA 15.12} 4. Ensure that accurate information has been provided to communications, and BOLOs are updated and provided to the proper agencies. {CFA 15.12} 5. Prepare and disseminate missing person flyers. {CFA 15.12} 6. Assist with search activities, as needed. {CFA 15.12} 7. Communicate with the National Center for Missing and Exploited Children (NCMEC), Missing Endangered Person Information Clearinghouse (MEPIC), and the National Missing and Unidentified Persons System (NamUs) as needed. {CFA 15.12} 8. After the missing person is located, return or authorize the release of any evidence unless needed for another case, verify that entries into the FCIC/NCIC computer systems are removed, and document the Communications operator’s number in a supplemental report along with the location where the missing person was found. {CFA 15.12} F. Activation of an Amber, Enhanced Missing Child, Missing Child, or Silver Alert 1. Amber Alert Criteria a. The child is under the age of eighteen (18). b. Law enforcement has a well-founded belief, based on an active investigation that a kidnapping has occurred. c. Law enforcement has a well-founded belief, based on an active investigation that the child is in imminent danger of death or serious bodily injury. d. There must be a detailed description of the child, abductor, and/or vehicle to broadcast to the public (photo needed when available). e. The activation must be recommended by the local law enforcement agency of jurisdiction. 2. Enhanced Missing Child Alert Criteria a. The child is under the age of eighteen (18). Page 8 of 11  207.0 b. Law enforcement has a well-founded belief, based on an active investigation that the child is in imminent danger of death or serious bodily injury. c. There is a detailed description and or photograph of the child to broadcast to the public. d. The local law enforcement agency of jurisdiction recommends activation. 3. Missing Child Alert Criteria a. The person must be under the age of eighteen (18). b. Law enforcement has a well-founded belief, based on an active investigation that the child is in danger of death or serious bodily injury. c. Descriptive information or a photograph of the child must be available. d. The local law enforcement agency of jurisdiction recommends activation. 4. Silver Alert Criteria a. The missing person must be sixty (60) years of age or older and have a clear indication of an irreversible deterioration of intellectual faculties (i.e., Dementia). b. Local law enforcement has already activated a local or regional alert by contacting media outlets in their and/or surrounding jurisdictions. c. The law enforcement agency’s investigation must conclude that the disappearance poses a credible threat to the person’s welfare and safety. d. There must be a description of the vehicle and a tag number to display on the FDOT dynamic message signs, which has been verified by law enforcement. e. The missing person must be entered into the Florida Crime Information Center and a statewide BOLO issued to other law enforcement 911 centers. f. Under extraordinary circumstances, a Silver Alert may be issued for a person aged eighteen (18) to fifty-nine (59) who has an irreversible deterioration of intellectual faculties and law enforcement 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. g. For a State Silver Alert, the following criteria must be met, the missing person must be driving or a passenger in a motor vehicle with an identifiable license plate or other vehicle information, in addition to the above. If the person is on foot or in an unidentified vehicle, in addition to the above, the law enforcement agency may initiate a Local Silver Alert. 5. Purple Alert Criteria a. The missing person is eighteen (18) years of age or older and does not qualify for a state or local-level Silver Alert. b. The missing person has an Intellectual Disability, Developmental Disability, Brain Injury, or another physical, mental, or emotional disability that is not related to substance abuse and does not have Alzheimer’s Disease or a Dementia-related disorder. c. The disappearance of the person poses a credible threat of immediate danger or serious bodily harm to the missing person and they can only be Page 9 of 11  207.0 returned to safety through law enforcement intervention. d. There is a detailed description of the missing person suitable for distribution. e. The missing person information has been entered into FCIC. f. The local law enforcement agency of jurisdiction recommends activation. g. For a State Purple Alert, the missing person must be driving or a passenger in a motor vehicle with an identifiable license plate or other vehicle information, in addition to the above. If the missing person is on foot or in an unidentified vehicle, in addition to the above, the law enforcement agency may initiate a Local Purple Alert. 6. Alert Activation Procedures a. Determine if the appropriate criteria have been met for the requested type of alert. b. Enter the missing person into FCIC/NCIC. c. Notify the media through the Public and Media Relations Director or designee. d. Initiate a statewide BOLO to other law enforcement/911 centers. e. Contact the FDLE Missing Endangered Persons Information Clearinghouse (MEPIC) at 888-356-4774, who shall review the facts and coordinate the Alert activation. G. Follow-Up Investigations 1. The follow-up investigation of missing persons shall be assigned to the Crimes Against Persons Unit. 2. The assigned member shall: {CFA 15.12} a. Request written consent from the family, next of kin, or other representative to obtain the missing person’s dental records or other records or samples, if the person is not found within thirty (30) days of the original report date in accordance with FSS 937.031, and applicable FDLE administrative regulations. {CFA 15.12} b. Upon receipt of the dental records, the assigned detective shall then request the Crimes Against Persons Unit Sergeant or analyst to enter the dental records into the FCIC/NCIC for the purpose of comparing such records to those of unidentified deceased persons. If the dental record is not received or is not available, the missing person shall remain entered in the FCIC/NCIC system. When the missing person returns or is located, the dental records shall be stored in the Records Section with the case folder. {CFA 15.12} c. Conduct a documented review every thirty (30) days of cases that have not been cleared and ensure that records have been entered in or removed from FCIC/NCIC when necessary. {CFA 15.12} d. The assigned member shall contact the family or next of kin every thirty (30) days, or less, on active cases to advise case progress and obtain any new information. e. If the missing person is not located within ninety (90) days from the date of disappearance, the assigned member shall attempt to obtain a biological specimen that is suitable for DNA analysis of the missing person or an Page 10 of 11  207.0 appropriate family member and update FCIC/NCIC. {CFA 15.12} H. Missing Person Located {CFA 15.12, 16.02} Members locating a missing person shall: 1. Either personally or via another member of law enforcement or government (e.g., DCF or similar providers), verify face to face, that the missing person has returned. a. When circumstances prohibit face-to-face verification, alternate methods of verifying the missing person has returned or can be considered recovered, may be used with the documented approval of a Supervisor. b. Any alternate method must be supported by other evidence validating the person’s health, welfare, and recovery (e.g., active social media interaction, verifiable physical interaction with his/her social circle, etc.). c. Alternate methods include but are not limited to: (1). Simultaneous video chats (e.g., Skype, Zoom). (2). Verifiable personal telephone discussions that can be supported by witnesses (e.g., the missing person’s parents) to the missing person’s call with the recovering member. 2. Submit a Teletype Request Form to the Communications Section canceling the FCIC/NCIC computer entries and any BOLOs. {CFA 15.12} 3. Document the place where the person was located. Unless the person is an adult or emancipated minor, who wants his/her location kept confidential and the person’s current condition will not pose any immediate harm to themselves or others. The decision to keep the location of an emancipated minor confidential shall be made after: a. Reviewing applicable documentation for validity (e.g., court orders, marriage licenses, etc.), and b. Receiving documented supervisory approval. 4. Complete applicable incident and/or supplemental reports. 5. If MEPIC has previously been contacted regarding the missing juvenile or adult, contact MEPIC to advise that the individual has been located/recovered. Page 11 of 11