Oviedo Police Department GO 4-3.1 Missing Persons PDF

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Summary

This document is a general order from the Oviedo Police Department outlining procedures and guidelines for investigating and recovering missing adults and children. It details definitions of missing persons, reporting procedures, and various investigative processes.

Full Transcript

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-18-2022 SUBJECT: Missing Persons AMENDS: GO 4-3.0 I. II. III. IV. V. VI. VII. PURPOSE POLICY DEFINITIONS INITIAL REPORTING AND INVESTIGATION MISSING CHILD PROCEDURES MISSING ADULT PROCEDURES FCIC/NCIC ENTRY CRITERIA I. PURPOSE APPROVAL: NUMBE...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-18-2022 SUBJECT: Missing Persons AMENDS: GO 4-3.0 I. II. III. IV. V. VI. VII. PURPOSE POLICY DEFINITIONS INITIAL REPORTING AND INVESTIGATION MISSING CHILD PROCEDURES MISSING ADULT PROCEDURES FCIC/NCIC ENTRY CRITERIA I. PURPOSE APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-3.1 REFERENCE: CFA Chapters 14 & 15; FSS 937.021; and FSS 937.025 RESCINDS: None The purpose of this general order is to outline procedures and reporting requirements for the investigation and recovery of missing adults and children. II. POLICY It is the policy of the Oviedo Police Department to immediately document, investigate, and call upon all available resources to find and recover missing or lost persons. When dealing with missing persons, especially children, the department shall use every resource available to locate the individual. The primary objective will always remain the safe return of endangered children and adults. Every child reported missing will be considered “at risk” until significant information to the contrary is confirmed. The response to a missing person shall be driven by an assessment of risk factors or endangerments to the missing individual. Oviedo Police Department GO 4-3.1 Missing Persons III. Page 2 of 14 DEFINITIONS A. 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. B. Missing Adult: 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. C. Command Approval: For this purpose of this order, command approval shall mean a Lieutenant or above. D. A Child is Missing (ACIM): An Alert Program and Recovery Center that assists law enforcement in the early search and recovery of missing children, the elderly, disabled persons, on-campus college students, and other vulnerable populations, in the first hours of their disappearance. ACIM is available to law enforcement 24/7, 365 days a year. E. Missing Endangered Persons Information Clearinghouse (MEPIC): The central repository of information regarding missing endangered persons in Florida. MEPIC assists law enforcement agencies and Florida’s citizens in finding missing persons by providing analytical services and engaging the public in the search. MEPIC is responsible for issuing all AMBER Alerts, Missing Child Alerts, Purple Alerts, and Silver Alerts in Florida. F. National Center for Missing and Exploited Children (NCMEC): A private, non-profit corporation whose mission is to help find missing children, reduce child sexual exploitation, and prevent child victimization. NCMEC works with families, victims, private industry, law enforcement, and the public to assist with preventing child abductions, recovering missing children, and providing services to deter and combat child sexual exploitation. G. Post Locate Interview Sheet: A post-recovery interview sheet that allows the department to document information about a child’s reasons for leaving (when a runaway). GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons IV. Page 3 of 14 INITIAL REPORTING AND INVESTIGATION A. Missing person reports must be accepted by the law enforcement agency having jurisdiction in which the missing child or adult was last seen. If the reporting person cannot determine where the missing person was last seen, then the first responding officer shall initiate a missing person report. It is important to understand that timely reporting and entry into FCIC/NCIC is essential, therefore, there is no minimum amount of time a person must be missing before a report is accepted. According to FSS 937.021, “Upon the filing of a police report that a child is missing by the parent or guardian, the Department of Children and Families, a community-based care provider, or a sheriff’s office providing investigative services for the department, the law enforcement agency receiving the report shall immediately inform all on-duty law enforcement officers of the missing child report, communicate the report to every other law enforcement agency having jurisdiction in the county, and within two (2) hours after receipt of the report, transmit the report for inclusion within the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC) databases. A law enforcement agency may not require a reporter to present an order that a child be taken into custody or any other such order before accepting a report that a child is missing.” “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) and the National Crime Information Center (NCIC) databases.” B. It is essential that all available information be gathered and recorded, with the exception of specific information as may be determined by the assigned detective. In concert with the reporting requirements described in this order, missing person reports should include at least the following information to enable immediate notification for inter and intra-agency coordination: 1. 2. 3. 4. 5. 6. 7. Full name, date of birth, and place of birth; Complete physical description and clothing description, if known; Social security number; Date and time last seen; Possible destination (known friends, close associates, etc.); Mode of transportation, if applicable; and Place of employment/school. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons V. Page 4 of 14 MISSING CHILD PROCEDURES A. Reporting Officer Responsibilities: 1. The first responding officer once dispatched, shall meet with the reporter and verify the accuracy of information, obtain a description of the missing child, circumstances surrounding the disappearance, and the health of the missing child. In cases of missing children, the officer should also obtain the custody status of the child. The reporting officer shall complete a Police Incident Report, have the reporting party complete and sign a voluntary statement form, and request SCSO Communications to enter the child into FCIC/NCIC. 2. The officer shall request SCSO Communications to broadcast a BOLO, and a message shall be sent to surrounding jurisdictions via Teletype when a child is not immediately located. 3. The officer shall consider the following information when requesting the BOLO and messages for FCIC/NCIC during search operations: a. b. c. d. e. f. 4. B. Age – the younger the child, the more concern; The mental and physical condition of the child; A complete description of the child and past history of the child’s behavior (history of runaway, etc.); Child’s associates – playmate’s names and addresses, when possible; Dangers in the area such as swimming pools, lakes, culverts, drainage wells, etc.; and Obtain a recent photograph. When a missing child is recovered prior to the case being assigned to a detective, the reporting officer assigned to document the recovery shall visually confirm the identity and well-being of the child. In the event the child ran away, the officer shall complete the Post Locate Interview Sheet. The officer shall then provide a copy of the recovery supplement report to Records and shall ensure SCSO Communications is notified so the child may be removed from FCIC/NCIC. Back-Up Officer Responsibilities: The back-up officer shall proceed to the scene and aid in the search and interview of possible witnesses including the last person to have had contact with the missing child. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons C. D. Page 5 of 14 Shift Supervisor Responsibilities: 1. In the event the child is not located within thirty (30) minutes from the arrival of the first responding officer, the shift supervisor shall be notified and shall assume command of the operation. 2. The Criminal Investigations Lieutenant or designee shall be notified and will determine when a detective will respond and assist. 3. The shift supervisor assuming command shall coordinate the search parties, secure additional units, and when needed, establish a command post and request assistance from other area law enforcement agencies. 4. In the event the missing child is not located within one (1) hour of the arrival of the shift supervisor, the shift supervisor shall notify the Community Patrol Deputy Chief, who will subsequently notify the Chief of Police and the Public Information Officer (PIO). 5. The Criminal Investigations Lieutenant or designee shall then be contacted for a mandatory detective response. Criminal Investigations Responsibilities: 1. A detective shall be assigned to conduct the follow-up investigation when the report of a missing child is received and through the recovery. 2. Once the assigned detective arrives on scene, that detective shall assume control of the investigation and shall keep the Community Patrol Deputy Chief or designee briefed on the progress of the investigation. 3. The assigned detective or designee with command approval, shall contact “A Child is Missing (ACIM).” ACIM will send high-speed telephone alert notifications to inform residents and businesses of a missing person in their area. The alert notifications will contain a detailed individually recorded message describing the individual, their last known location, and the law enforcement agency information that is handling the case. The assigned detective or designee shall also notify ACIM for cancellation of the message in the event the child is recovered. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons Page 6 of 14 4. When there are suspicious circumstances surrounding the disappearance of the child, an immediate investigation shall be conducted utilizing all available resources and the chain of command shall be notified. 5. When an abduction situation is suspected, the assigned detective or designee with command approval, shall contact the FDLE Violent Crimes Division who will determine when there is a need for the Child Abduction Response Team (CART). 6. The Community Patrol Deputy Chief or designee may make the determination not to conduct an extensive search on a missing child in instances where the child is a habitual runaway who has previously always been found in a safe condition. Upon authorizing the termination of a search by uniform patrol, the Criminal Investigations Section shall continue the investigation. 7. The assigned detective shall ensure that dental records and other identifying information of all children missing for more than thirty (30) days shall be entered into FCIC/NCIC Missing Persons File. If the missing child is not located within ninety (90) days, after the report is filed, the assigned detective shall attempt to obtain a biological specimen for DNA analysis from the missing child or appropriate family member. This shall be done in addition to the completion of the appropriate supporting documentation and collection protocols, as outlined in GO 10-1.0 Property and Evidence Collection and Submission and the current FDLE Crime Laboratory Evidence Submission Manual. These samples shall be submitted for evaluation and processing as required in FSS 937.021. 8. When a missing child is recovered after a detective assumes control of the investigation, that assigned detective shall contact and visually confirm the identity and well-being of the child. In the event the child ran away, the detective shall complete the Post Locate Interview Sheet. The detective shall then provide a copy of the recovery supplement report to Records and shall ensure SCSO Communications is notified so the child may be removed from FCIC/NCIC. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons E. Page 7 of 14 Extensive Search Procedures: The shift supervisor may assign patrol officers and/or additional personnel to: F. 1. Search specific areas within and outside the City of Oviedo; 2. Contact friends of the missing child; 3. Conduct a house to house search; 4. Search the interior of the missing child’s residence; 5. Contact the school the child attends, when necessary; and 6. Employ additional search techniques as needed and approved by the Community Patrol Deputy Chief or designee. Amber Alert Procedures: To activate an Amber Alert the following criteria must be met: 1. The child must be under eighteen (18) years of age. 2. Law enforcement has a well-founded belief, based on an active investigation, that a kidnapping has occurred. 3. 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. 4. There is a detailed description of the child, abductor, and/or vehicle to broadcast to the public. 5. The law enforcement agency of jurisdiction recommends activation. Steps for Activation: 1. The assigned detective or designee with command approval, shall call the FDLE MEPIC. 2. The FDLE will work in conjunction with the local law enforcement agency of jurisdiction to determine if information is to be broadcast on a regional or statewide basis. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons Page 8 of 14 3. The FDLE working in conjunction with the local law enforcement agency of jurisdiction will prepare information for public distribution. 4. The FDLE will ensure that the information is broadcast through the Emergency Alert System, dynamic highway message signs, lottery machines, text message, and email through www.missingchildrenalert.com and other resources. NOTE: All broadcasts concerning the activation, update, and cancellation of the Amber Alert shall be made through SCSO Communications in accordance with their established procedures. Information received in connection with an Amber Alert shall be documented fully, including the name, address, and telephone number of the person providing information. This information shall be immediately forwarded to the Criminal Investigations Lieutenant or designee. VI. MISSING ADULT PROCEDURES A. Reporting Officer Responsibilities: 1. Complete a Missing Persons Report. 2. Request the reporting party complete and sign a voluntary statement form. 3. Request SCSO Communications to have the missing adult entered into FCIC/NCIC (Refer to criteria set forth in IV. FCIC/NCIC Entry Criteria). 4. When the missing adult has a physical and/or mental disability or diminished mental capacity which could present additional risk to their well-being, the reporting officer shall notify the shift supervisor. The shift supervisor shall follow the same procedures as those involving a missing child to include extensive search procedures, when applicable. 5. When a missing adult is accompanied by a related missing child, a missing person’s report shall be completed on both the adult and the child. These reports may be generated on the same form under the same case number. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons B. C. Page 9 of 14 6. When a reported missing adult is located and verifies his/her safety but does not want his/her whereabouts made known to others, including the reporting individual, the location of the individual will not be made public. The safety and welfare of the missing adult may be confirmed with the reporting individual. 7. The reporting officer shall complete a supplement report indicating the adult was found and request SCSO Communications to have the adult removed from FCIC/NCIC, when previously entered. Criminal Investigations Responsibilities: 1. A detective shall be assigned to conduct the follow-up investigation when the report of a missing adult is received. 2. The assigned detective shall ensure that dental records and other identifying information of all adults missing for more than thirty (30) days shall be entered into FCIC/NCIC Missing Persons File. If the missing adult is not located within ninety (90) days after the report is filed, the assigned detective shall attempt to obtain a biological specimen for DNA analysis from the missing adult or appropriate family member. This shall be done in addition to the completion of the appropriate supporting documentation and collection protocols, as outlined in GO 10-1.0 Property and Evidence Collection and Submission and the current FDLE Crime Laboratory Evidence Submission Manual. These samples shall be submitted for evaluation and processing as required in FSS 937.021. Silver Alert Procedures: The Silver Alert System has been developed by the State of Florida to broadcast information of a missing elderly person, who suffers from irreversible deterioration of intellectual faculties to the public in a timely manner. To activate a Silver Alert the following criteria must be met: (Local Silver Alert – Missing on Foot): 1. The person must be sixty (60) years and older; or 2. The person is eighteen – fifty-nine (18-59) and law enforcement has determined the missing person lacks the capacity to consent and that a Local Silver Alert may be the only possible way to rescue the missing person. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons 3. Page 10 of 14 The person has an irreversible deterioration of intellectual faculties (Alzheimer’s Disease or Dementia) that has been verified by law enforcement. Local Silver Alert – Missing on Foot Activation Steps: 1. The investigating officer/detective shall have requested SCSO Communications to have the missing person entered into FCIC/NCIC within two (2) hours of receipt of the report. 2. The investigating officer/detective shall receive authorization from a shift supervisor prior to Silver Alert Activation. 3. The Silver Alert System should be activated, as soon as possible, after it is determined that all of the above criteria have been met and when an immediate search of the area has failed to locate the individual; And it is further believed the activation of the alert through media and other local resources would aid in the safe recovery of the individual: a. The responding officer/assigned detective shall notify their immediate supervisor who will respond to the scene to assist them and ensure these procedures are followed. b. SCSO Communications shall be contacted and requested to issue a statewide BOLO for the missing person. c. Contact should be made with “A Child is Missing” to activate a neighborhood call alert. d. The media shall be notified of the Silver Alert via the Public Information Officer. e. A case may be opened with FDLE’s MEPIC. f. Once the missing person is located, the Silver Alert must be canceled. The assigned detective shall notify the MEPIC that the individual has been located, and the PIO will be responsible for updating the media. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons Page 11 of 14 (Local Silver Alert – Missing in Vehicle): 1. The person must be sixty (60) years and older; or 2. The person must be eighteen-fifty-nine (18-59) 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. 3. The person must have an irreversible deterioration of intellectual faculties (Alzheimer’s Disease or Dementia) that has been verified by law enforcement. 4. The person must be traveling by motor vehicle with an identified license plate number or other vehicle information that has been verified by law enforcement. Local Silver Alert – Missing in Vehicle Activation Steps: 1. The investigating officer/detective shall have requested SCSO Communications to have the missing person entered into FCIC/NCIC within two (2) hours of receipt of the report. 2. The investigating officer/detective shall receive authorization from a shift supervisor prior to Silver Alert Activation. 3. The Silver Alert System should be activated, as soon as possible, after it is determined that all of the above criteria have been met and when an immediate search of the area has failed to locate the individual; And it is further believed the activation of the alert through media and other local resources would aid in the safe recovery of the individual: a. The responding officer/assigned detective shall notify their immediate supervisor who will respond to the scene to assist them and ensure these procedures are followed. b. SCSO Communications shall be contacted and requested to issue a statewide BOLO for the missing person. c. The media shall be notified of the Silver Alert via the PIO. d. A case may be opened with FDLE’s MEPIC. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons D. Page 12 of 14 4. When a vehicle is involved, the statewide messaging system may also be activated via FDOT’s highway dynamic message signs and other highway advisory methods. To initiate this notification system, the assigned detective with command approval, shall contact FDLE’s MEPIC and advise them that you are requesting a Silver Alert activation and that a vehicle is involved. The assigned detective shall be prepared to give a thorough vehicle description including tag; give information that a statewide BOLO has been issued; and give information that a local media alert has been initiated through the PIO. 5. Once the missing person is located, the Silver Alert must be canceled. The assigned detective shall notify the MEPIC that the individual has been located, and the PIO will be responsible for updating the media. Purple Alert Procedures: The Purple Alert System has been implemented, by the use of dynamic message signs, in the State of Florida to assist law enforcement agencies in the search and recovery efforts in cases of missing persons eighteen (18) years of age or older that have an intellectual or developmental disability; brain injury; or another physical, mental, or emotional disability that is not related to substance abuse. Use of Florida Purple Alerts do not require known vehicle information. The Purple Alert System is to be used when the investigation concludes that the disappearance poses a credible threat of immediate danger or serious bodily harm to the missing person and they can only be returned to safety through law enforcement intervention. 1. Criteria for Purple Alert activation: a. The investigating officer has requested SCSO Communications to enter the missing person in FCIC/NCIC. b. Local law enforcement has already activated a local or regional alert by contacting media outlets in the jurisdiction and/or surrounding jurisdictions. GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons VII. Page 13 of 14 2. Purple Alert activation requires approval of the Criminal Investigations Lieutenant or designee. The Purple Alert System shall be activated as soon as possible after it is determined that all of the above criteria have been met and when an immediate search of the area has failed to locate the individual. It is further believed the activation of the alert through media and other local resources would aid in the safe recovery of the individual. 3. The media is to be notified by the PIO or designee. 4. The Criminal Investigations Lieutenant or designee shall contact the MEPIC at 1-888-356-4774. Advise the person answering that activation of the Purple Alert System is requested and provide the following information: a. Detailed description of the missing person; and b. Information relevant to the case that detectives would like broadcast. 5. FDLE will broadcast via dynamic highway message signs when applicable, and via email/text through sign-up by public citizens and other resources. 6. Once the missing person is located, the Purple Alert must be canceled. FDLE, the media, and MEPIC must be notified. FCIC/NCIC ENTRY CRITERIA A Missing Person Record may be entered using one of the following categories: A. Disability: A person of any age who is missing and under proven physical/mental disability or is senile, thereby subjecting himself/herself or others to personal and immediate danger. B. Endangered: A person of any age who is missing under circumstances indicating that his/her physical safety may be in danger. C. Involuntary: A person of any age who is missing under circumstances indicating that the disappearance may not have been voluntary (kidnapping or abduction). D. Juvenile: A person under the age of twenty-one (21) who is missing and does not meet any of the entry criteria set forth above. (Suzanne’s Law is a federal law that requires local law enforcement to make an entry into NCIC when someone between the ages of 18-21 is reported missing). GO 4-3.1 Missing Persons Oviedo Police Department GO 4-3.1 Missing Persons Page 14 of 14 E. Catastrophe Victim: A person of any age who is missing after a catastrophe. F. Other: A person the age of eighteen (18) or more not meeting the criteria for entry in any other category who is missing and there is a reasonable concern for his/her safety. G. Person with Information (PWI): Data may be attached to a missing person record indicating that an individual may have information regarding the missing person and may only be added to endangered or involuntary records. PWI responses will include the “Warning-Do not arrest based on this information alone.” Note: Detectives assigned missing person cases shall be responsible for conducting a monthly review of the case, including contacting the reporting person and making a determination whether the case should be maintained in FCIC/NCIC. This monthly review shall be documented in a case supplement. This review ensures active cases remain entered or that entries have been properly canceled on closed cases. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 07-18-2022 __________________ DATE GO 4-3.1 Missing Persons

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