05-26 Child Abductions Flashcards
What is the Rationale?
Often, upon receipt of a missing child complaint, the most challenging task at hand is determining whether it is an actual abduction, a runaway child, a lost child, an abandoned child, or a fictitious report to cover up a death or family crisis.
If there is insufficient information to formulate an assessment of the type of incident being investigated, officers should treat such a disappearance as an abduction, until information is developed to indicate otherwise.
A child that has been abducted by a stranger is clearly a ‘child in need of protection’ as defined in the Child, Youth and Family Services Act. Police officers have the authority, on REASONABLE AND PROBABLE GROUNDS, to enter and search any premise without warrant, using force if necessary, to locate a child in need of protection whose health and safety is at substantial risk. A warrant must be obtained if there is no substantial risk to the child’s health and safety.
This Procedure sets out the best practices of the Toronto Police Service (Service) when responding to incidents of child abduction, both parental and non–parental. The Service’s main objective is the safe return of the child.
Supervision -
Supervisory Officer attendance mandatory
Divisional Detective attendance mandatory upon receiving a complaint of a possible abduction of a person under the age of eighteen (18)
Supervisory Office and Divisional Detective notification mandatory
Officer in Charge mandatory notification upon receiving a complaint of a possible abduction of a person under the age of eighteen (18)
Procedure -
The Criminal Code (CC) sets out the following four (4) abduction–related offences -
s. 280
Abduction of a person under sixteen (16)
Non–Parental
s. 281
Abduction of person under fourteen (14)
Non–Parental
s. 282
Abduction in Contravention of Custody Order
Parental
s. 283
Abduction
Parental
Members will familiarize themselves with the relevant law when undertaking investigations into child abductions.
General -
When conducting an investigation into an alleged abduction, the initial gathering of information is critical to determine what occurred and to establish the subsequent direction of the ensuing investigation. The initial investigation must be _______. Guidelines to assist canvassing officers in gathering information are included in the ______. These guidelines have also been incorporated into ______f or the Search Co–ordinator.
Nothing should be assumed and everything SHALL be verified.
prompt and detailed.
TPS 233A
TPS 233
AMBER Alert -
The activation of an AMBER Alert SHALL be considered in _______, and Major Case Management SHALL be implemented in all cases involving _______.
Before an AMBER Alert is initiated, the following guidelines must be met
all missing children investigations
AMBER Alert activation
the investigator believes a child under eighteen (18) years of age has been abducted
the investigator believes the child is in danger
there is descriptive information about one or more of the following
child
abductor
vehicle
to believe an immediate broadcast alert will help in locating the child.
Investigations into cases involving non–parental abduction must be conducted in accordance with the Ontario Major Case Management Manual.
Police Officer -
The first police officer SHALL be responsible for
conducting the initial investigation, preserving evidence, completing all necessary reports and notifying a supervisory officer of all pertinent facts.
Police Officer - Upon receiving a complaint of a possible abduction involving a person under the age of eighteen (18) SHALL
promptly attend the scene
conduct a thorough preliminary investigation, ensuring all pertinent information is obtained using, the TPS 233A as a guideline
commence an investigation in compliance with Procedure 04–05
request the attendance of a supervisory officer, divisional detective and additional assistance, as required
when circumstances indicate a non–parental or stranger involved abduction, notify Detective Operations – Sex Crimes (Sex Crimes)
where possible, locate and preserve the scene where the person was last observed
search the home and immediate area thoroughly
where possible, locate and preserve any locations where the person normally plays or visits (comfort zones such as playgrounds, places regularly visited, etc.)
conduct a Person Query, including a CPIC and CFRO check on all witnesses and immediate family
locate and interview
the immediate family
other relatives
any witnesses
any non–family caregiver
complete the applicable eReports forthwith, selecting Yes for the BOLO option
Records Management Services – Operations (RMS – Ops) will create and post a BOLO.
scan and attach all memorandum book notes and hardcopy reports to the original eReport
check CPIC transaction history to ensure the necessary particulars have been properly entered
The window of opportunity established between the time of last sighting and the time the
disappearance was noted is critical to any subsequent canvass of the area.
offer the complainant/victim’s family the opportunity of having a person of their choice or a member of Victim Services for support, for both stranger and known offender abductions
obtain photographs of both the missing person and any suspects
obtain and review a copy of any Custody Orders, Restraining Orders and/or any other court orders, where applicable
ensure that any Children’s Law Reform Act (CLRA) Order of Apprehension is immediately entered on CPIC
Police Officer - Once it has been determined that the child has been located and is safe SHALL
complete the Located/Found section of the Missing Persons details page.
Upon receiving and transcribing the person located/found update, RMS – Ops will cancel the BOLO and the missing person from CPIC.
Supervisory Officer -
The supervisory officer SHALL be responsible for the
quality and thoroughness of the uniform response.
Supervisory Officer - Upon being notified of a possible abduction involving a person under the age of eighteen (18) SHALL
attend the scene promptly and take charge of all uniform police officers
notify the Officer in Charge
ensure a divisional detective is notified and requested to attend
ensure compliance with Procedure 04–05
organize a thorough search of the area utilizing all available resources
ensure officers assigned to canvass are instructed to
‒ canvass every residence and business in their assigned area
‒ note each address visited
‒ interview each occupant where possible, using the questions in the TPS 233A as a guideline, recording the
result on a separate TPS 233
‒ leave a TPS 234 in the door or mail box where there is no answer to the canvass
‒ request permission to search the premises
ensure all police officers scan and attach their memorandum book notes and hardcopy reports to the original eReport
ensure Sex Crimes has been notified when circumstances indicate a non–parental or stranger involved abduction
ensure the on–call Search Manager – EM&PO is notified
Emergency Management & Public Order should be consulted in circumstances requiring a Level 2 or Level 3 search under Procedure 04–05.
ensure that Custody Orders, Restraining Orders and/or any other court order in effect are obtained and reviewed
add supplementary information to the original eReport, detailing all action taken
Divisional Detective -
The divisional detective SHALL promptly
attend the scene, notify Sex Crimes, conduct a thorough and timely investigation and request activation of the AMBER Alert when appropriate.
Divisional Detective - Upon being notified of a possible abduction of a person under the age of eighteen (18) shall attend the scene promptly
ensure compliance with Procedure 04–05
ensure the immediate family and other relatives are interviewed
ensure the school principal or other care givers are notified and interviewed, as appropriate
ensure witnesses are isolated from each other and interviewed, in compliance with Procedure 04–32 where possible
in the case of a non–parental or stranger involved abduction, notify Sex Crimes to ensure the investigation is conducted in compliance with the Ontario Major Case Management Manual
in a case of a stranger involved abduction, contact the on–call Detective Sergeant – Intelligence Services (INT)
The INT can assist by providing expertise relating to telephone intercepts and other investigative aids and technology.
in the case of an apparent parental child abduction, ensure a thorough investigation is conducted to establish an intent to deprive the custodial parent of their rights to the child
Custody disputes may involve allegations of parental child abduction. Where no ‘intent to deprive’ is established, the matter must be documented and both parents should be referred to Family Court for resolution of the custody dispute.
Should there be grounds to believe there was intent to deprive the custodial parent of the rights to the child and there is no evidence of a custody order in effect, proceedings may only commence with the consent of the Attorney General.
ensure the first police officer completes the applicable eReport forthwith so that a BOLO can be posted
where the incident meets the criteria for initiating an AMBER Alert, ensure a request has been made through the Officer in Charge
ensure the Officer in Charge is updated on a regular basis
for each suspect and suspect vehicle, ensure a TPS 227 is completed and submitted in compliance with the
instructions on the form
ensure pertinent information is disseminated to other police services, government agencies and where
appropriate, community organizations in compliance with Procedure 17–04
if practicable, consult with the Specialized Emergency Response – Emergency Task Force prior to making any
attempts at recovering the abducted person and/or apprehending the suspect
ensure a ViCLAS report is completed in compliance with Procedure 05–19
ensure compliance with Procedures 05–06 and the Child Abuse Protocol, where applicable
notify Corporate Communications regarding the issuance of a news release in compliance with Procedure 17–01
ensure supplementary information is added to the original eReport, detailing all action taken
ensure all police officers scan and attach their memorandum book notes and hardcopy reports to the original eReport
ensure charges are laid or warrants obtained where REASONABLE GROUNDS exist
ensure the relevant information is entered on the RCMP Missing Child Registry, where applicable
Officer in Charge -
The Officer in Charge SHALL ensure an appropriate
uniform response, and in the absence of the Detective Sergeant, an appropriate investigative response.
Officer in Charge - Upon being notified of a possible child abduction SHALL
ensure a supervisory officer and a divisional detective attend the scene
ensure Sex Crimes has been notified when circumstances indicate a non–parental or stranger involved abduction
ensure the on–call Search Manager – EM&PO is notified
notify
- the Unit Commander
- the Toronto Police Operations Centre (TPOC)
- all divisional personnel
ensure Communications Services broadcast all pertinent information
ensure Corporate Communications is notified regarding the issuance of a news release in compliance with Procedure 17–01
ensure the investigating officer disseminates all pertinent information to other police services, government agencies and community organizations where appropriate, in compliance with Procedure 17–04
ensure the particulars are recorded in the Unit Commanders Morning Report (UCMR)
Officer in Charge - When requesting an AMBER Alert based on the criteria outlined in this Procedure SHALL
contact the TPOC with as much of the following information as possible, keeping in mind that additional
supplementary information can be provided as it becomes available
abducted person’s name
abducted person’s age
abducted person’s description (and photograph if available)
location and time of the person’s abduction
description of the suspect
description of vehicle and licence plate of the suspect
advise the Unit Commander
The Duty Senior Officer – TPOC (Duty Senior Officer) will contact the Chief of Police, or designate. The Chief of Police or designate will make the final decision if an AMBER Alert will be initiated. If approved, the Duty Senior Officer will initiate the Alert through the TPOC.
ensure supplementary information is added to the original eReport, detailing all action taken