Chapter 33 Missing Person PDF

CHAPTER 33 – MISSING PERSON REV. NOVEMBER 30, 2012 33.01 GENERAL This procedure establishes guidelines for taking missing persons reports, entering information into the computer system and canceling missing person reports. A. The Bexar County Sheriff’s Office is required by law to immediate...

CHAPTER 33 – MISSING PERSON REV. NOVEMBER 30, 2012 33.01 GENERAL This procedure establishes guidelines for taking missing persons reports, entering information into the computer system and canceling missing person reports. A. The Bexar County Sheriff’s Office is required by law to immediately investigate all reports of persons who are reported as missing in Bexar County. The Sheriff’s Office responsibilities include investigating possible violations of the Texas Penal Code and the Texas Family Code. B. The Sheriff’s Office assists citizens in attempting to locate persons who are not missing but who may be temporarily lost (i.e., motorists from out of town who are following each other and become lost due to heavy traffic). 33.02 DEFINITIONS A. “Lost Person” means a person temporarily separated from his/her parent or relatives. B. “Missing Person” means a person 18 years old or older whose disappearance is possibly not voluntary. C. “Missing Child” means a child under the age of 18, whose whereabouts are unknown to the child’s legal custodian and/or the circumstances of whose absence indicate that: 1. The child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; 2. The child voluntarily left the care and control of his legal custodian without the custodian’s consent and without intent to return; or 3. The child was taken or retained in violation of the expressed terms of a Court Order or judgment governing custody of the child. D. “Missing Child” or “missing person” also includes a person of any age who is missing and: 1. Is under physical or mental disability or is senile and because of one or more of these conditions is subject to immediate danger or is in danger to others; 2. Is in the company of another person or is in a situation the circumstances of which indicate that the missing child’s or missing person’s safety is in trouble; or 3. Is not emancipated as defined by the law of this state. Effective date April 30, 2014 318 33.03 PROCEDURE A. A call taker in the Communications Center accepts a report of missing persons immediately and without a required time lapse or arbitrary waiting period. B. The officer assigned the call shall contact the reporting party in person and immediately begin an investigation in an attempt to locate the lost person, missing person or missing child. C. Should it become apparent that the person cannot be located without further assistance, the officer notifies a supervisory officer concerning the situation. A command level officer may then authorize additional personnel from any other BCSO law enforcement division to assist in a more detailed search of the area. D. Missing person reports involving a child, an elderly or confused adult or a person missing from mental health facility that are taken by an officer in the field shall immediately notify a supervisory officer as a detailed search may be required. E. Missing person reports are to be made on a Bexar County Sheriff’s Office Offense Report Form. An additional report shall be made on the Department of Public Safety Missing Person and Child Report to be forwarded to the Missing Persons Information Clearinghouse. 1. At the time the report is taken for a missing child or missing adult the officer taking the report shall present for completion a medical release form to the person making the report. The Medical Release Form shall bear an endorsement that a missing person or missing child report is being made in compliance with CHAPTER 62, CCP. 2. The release must be signed by the missing persons or missing child’s: a. Parent; b. Legal guardian; or in the case of a missing adult, c. Adult child who is reasonably available, or d. Spouse 3. The officer who obtains medical reports under CHAPTER 62, CCP shall forward a copy of the records to the Division of Public Safety Missing Children and Missing Persons Information Clearinghouse. 4. The officer who obtains medical records under CHAPTER 62, CCP is prohibited from disclosing information contained in or obtained through medical records unless permitted by law. Such information may be used only for purposes directly related to locating the missing person or missing child. F. The officer taking the report will also determine if the missing child had access to a computer. If it is determined that the child had access to a computer: Effective date April 30, 2014 319  1. The officer will request permission to have the computer examined by the BCSO Sex Crimes personnel for e-mail to or from the child; 2. The officer will notify Dispatch of the existence of the computer and request Sex Crimes personnel for the purpose of conducting the computer examination; 3. The reporting officer will not attempt to conduct the computer examination but will maintain the integrity of the computer as an item of physical evidence until the arrival of Sex Crimes personnel; and 4. Information gained as a result of the computer examination may be used only for purposes directly related to determining the location of the missing child. 33.04 FOLLOW-UP A. The officer taking the report completes it and has the information entered into NCIC/TCIC. B. The report should be entered immediately into NCIC/TCIC. In every case, the reports shall be completed and filed before the end of the officer’s regular tour of duty. C. The officer’s reports shall be turned into Central Records and a copy is faxed to Communications and the Crisis Intervention Unit before the officer ends his/her regular tour of duty. D. Central Records shall immediately fax a copy of the Division of Public Safety report form to the Division of Public Safety Clearinghouse. E. The Crisis Intervention Officer assigned the case begins the investigation by checking NCIC/TCIC to see if the missing person is still active. F. If the person is still missing, the investigating officer contacts the reporting party and obtains whatever additional information may be available. G. The investigating officer maintains contact with the reporting party until the missing person is found or all leads have been exhausted. H. If the investigating officer discovers evidence of foul play, he/she immediately contacts the Criminal Investigations Division and provides all of the information available. I. In the event a written request is made to the officer investigating the missing child by a parent, foster parent, managing or possessory conservator, guardian of the person, or the estate of the child, or other court-appointed custodian of the child, the officer shall report to the requesting party the results of the investigation within 14 days of the receipt. 33.05 DETERMINATION OF THE LOCATION OF THE MISSING CHILD OR MISSING PERSON On determining the location of a missing child, other than a child who is subject to the continuing jurisdiction of a district court, an officer may take possession of the child and deliver or arrange for the delivery of the child to a person entitled to possession of the child. If the person entitled to possession is Effective date April 30, 2014 320 not immediately available, the law enforcement officer shall deliver the child to the Division of Protective and Regulatory Services. 33.06 CANCELING MISSING PERSONS REPORT A. A report of a missing adult is cancelled when the reporting person requests the cancellation, the missing person is located by a law enforcement agency and notification is given to the Bexar County Sheriff’s Office. B. A report of a missing child is cancelled only when the missing child is in the custody of a law enforcement agency or the juvenile’s relatives. C. The officer taking a cancellation report notifies the dispatch to remove the missing person’s information from NCIC/TCIC and sends a copy of the cancellation report to the Crisis Intervention Unit and the Division of Public Safety Clearinghouse. D. When a missing person from a mental health facility is located, the officer notifies the appropriate mental health facility of the patient’s location. Transportation is provided by the reporting officer if the mental health facility does not have the means to come and pick up the patient. In all cases dispatch must be notified. Effective date April 30, 2014 321