CL Ch. 8 Missing Children

Question 1

Missing Person: Continuing Investigation:

The District Attorney’s Office and the State Police should be notified in any case in which:

Answer 1

their resources may be helpful.

Question 2

Who is responsible for developing statewide policies and training for missing persons?

Answer 2

The Colonel of the State Police

Question 3

If a report of a missing person is received over the phone, the officer receiving the report should explain that the procedures of the department require personal submission of a missing person report, unless:

Answer 3

an immediate emergency exists.

Question 4

Missing Children:

If the telephone report concerns a missing child, the officer should also inquire: (2)

Answer 4

1. Whether the child’s absence is a significant deviation from established patterns of behavior and cannot be explain.
2. Whether the child is believed to be with adults, including parents and other relatives, who may endanger the welfare of the child.

Question 5

Upon receipt of a telephone report of a missing child under 18, where should an office be dispatched?

Answer 5

to the residence or other location where the report originated as soon as possible to begin the follow up investigation.

Question 6

Upon receipt of a telephone report of a missing adult over 18, the caller should be instructed to:

Answer 6

come to the station ASAP. If this is not possible, an officer should be dispatched to obtain a written report.

Question 7

This was created to inform public safety departments and private safety departments when an adult with a serious memory impairment, such as Alzheimer’s disease or other dementia, is reported missing to a police department.

Answer 7

Silver Alert community response system

Question 8

What number is used by agencies to classify various incident reports?

Answer 8

OCA number

(Original Case Agency)

Question 9

Upon receipt of the necessary information in emergency cases over the telephone, or in the form of a completed report filed by a patrol officer, dispatch should: (3)

Answer 9

1. BOLO to all on duty personnel
2. Enter into LEAPS/ CJIS
3. Record the NCIC, LEAPS/CJIS, and OCA numbers in the missing person report.

Question 10

3 Record the NCIC number, LEAPS/CJIS number, and what other number, to be included in the missing person report?

Upon receipt of the necessary information in emergency cases over the telephone, or in the form of a completed report filed by a patrol officer, dispatch should: (3)

Answer 10

OCA number

Question 11

Legal Duty for ALL Officers:

Whenever a parent, guardian, or governmental unit responsible for a child reports to any police officer or law enforcement officer (ex dispatcher) that a child is missing, the police officer must immediately: (2)

Answer 11

1. Undertake to locate the missing child (duty)
2. Notify last known public or private school (duty)

Question 12

(Blank) is any person under 18 who is “missing from his normal… residence an whose whereabouts cannot be determined by the person responsible for such child’s care.

Answer 12

A missing child.

Question 13

Notwithstanding any law to the contrary, DCF, DYS, DPH, and DMH must report a missing child under its custody to:

Answer 13

the central register.

Question 14

Whenever a parent, guardian, or governmental unit responsible for a child reports to any police officer or law enforcement officer (ex dispatcher) that a child is missing, the police officer must immediately undertake to locate the missing child, and:

Answer 14

Notify the child’s last known public or private school:

*The school must mark the child’s record and immediately report any request for record or other information on child to police; and

Police must inform school if child is found.

Question 15

For the purpose of GL Ch. 22A, a missing child is any person under 18, and all of the law’s requirements apply to children of this age. However, there is one requirement in Ch.22A which has been modified by a change in federal law. This requires that all police agencies enter proper information into the CJIS/ NCIC Missing Person File for any missing person under the age of:

Answer 15

21.

Question 16

Is key information including the child’s fingerprints and child’s blood type not included under 22A?

Answer 16

Yes.

Question 17

Cases involving missing persons should be assigned by the Chief or OIC if no unit or officer is regularly assigned to such duty.

If a Child is reported missing, who should be notified, regardless of who is assigned to investigate?

Answer 17

The Juvenile Officer

Question 18

In the case of missing children, a check should be made of the last place the child was reportedly seen, including interviews of individuals who were present at:

Answer 18

the actual scene of the disappearance.

A check should also be made of friend’s houses, arcades, playgrounds, place of employment, and other places frequented by the child, as well as local hospitals.

*Where appropriate, police records should be consulted for any further information about the missing person.

Question 19

Missing Person investigation:

What should always be obtained, if available?

Answer 19

A photograph of the missing person.

Post the photo, with an accompanying description, in the station where it may be viewed by all officers.

** Obtain WRITTEN permission from the family to release and disseminate information.

Question 20

Missing Person Investigation:

What type of permission should officers obtain from the family before releasing and disseminating information to the public about the missing person?

Answer 20

written permission

Question 21

In the case of a missing child, what should be obtained to search the house for the child?

Answer 21

parental consent

Question 22

Missing Persons

The officers assigned should conduct a preliminary investigation as described above in an attempt to locate the individual. If it becomes apparent that the person cannot be located:

Answer 22

a more detailed investigation and/or search should be conducted.

Question 23

Missing person: Preliminary Investigation:

In any case where the preliminary investigation is unsuccessful, the investigating officer, with OIC approval, should notify:

Answer 23

LEAPS/CJIS and NCIC.

Question 24

In cases of apparent stranger abduction, notify:

Answer 24

The FBI.

Question 25

The second phase of the investigation of a missing person is the:

Answer 25

intensive investigations.

While the case is new and the trail is fresh, investigators need to actively pursue whatever leads are available.

Question 26

In all cases of a missing person, regardless of age, the investigating officer should obtain from the parent, legal guardian, or reporting entity : (3)

Answer 26

1. Written authorization for the release of medical and dental records
2. A copy of those records; and
3. A copy of the missing person’s fingerprints.

Question 27

Missing Person: Continuing Investigation:

If the investigating officer determines that the aid of outside agencies or special equipment will be helpful the officer should request these services after consultation with:

Answer 27

the OIC.

Question 28

Missing Person: Continuing Investigation:

Notification of the general public through any of the news media can be valuable in locating a missing person. Consider using the AMBER alert system, or contacting the media through other channels. Media involvement should be approved by the OIC after consultation, if feasible, with:

Answer 28

the missing person’s family.

Question 29

Missing Person: Continuing Investigation:

Who should officers maintain contact with?

Answer 29

family member of the missing person, and frequently report the status of the investigation.

Question 30

Missing Person: Continuing Investigation:

A child who is missing due to unknown causes should be assumed to be:

Answer 30

in extreme danger until facts emerge that indicate otherwise.

• An immediate investigation should be conducted as required by law in the case of a missing child. There should be no waiting period established before taking action. If any unusual circumstances are present, a command post should be set up and an extensive search and investigation conducted.

Question 31

Missing Person: Continuing Investigation:

A child who is missing due to unknown causes should be assumed to be in extreme danger until facts emerge that indicate otherwise.

An immediate investigation should be conducted as required by law in the case of a missing child. There should be no waiting period established before taking action. If any unusual circumstances are present, a (blank) should be set up and an extensive search and investigation conducted.

Answer 31

command post

Question 32

Recovery of Missing Person:

Officers locating a missing person should: (3)

Answer 32

1. Provide medical attention if needed
2. File a report. Not any particular difficulties encountered (ex. reluctance or refusal to return home) since this may signal neglect or abuse in the family. If there is any indication of neglect or abuse, file 51A
3. Always notify the investigating officer.

Question 33

Massachusetts AMBER Alert Plan:

What does AMBER stand for?

Answer 33

America’s Missing Broadcast Emergency Response.

Question 34

Who launched AMBER alert:

Answer 34

The National Center for Missing and Exploited Children.

Question 35

Amber alerts are broadcast:

Answer 35

every 30 minutes for up to 4 hours.

Question 36

Amber alert is named after 9 year old Amber Hagerman, who was abducted and murdered while playing near her home in Texas. The case prompted police and media leader to join forces and provide timely information about area child abductions to local listeners. Radio, cable, and television stations broadcast an alert every (blank) for up to (blank). The hope is to get a lead from the public and lacate the child and perpetrator.

Answer 36

every 30 minutes, for up to 4 hours.

Question 37

Massachusetts AMBER Alert Plan:

Law enforcement agencies must follow the activation criteria: (3)

Answer 37

1. The child must be under the age of 18; and
2. Police must believe the child is in danger of serious bodily harm or death; and
3. There must be enough descriptive information for law enforcement to believe an AMBER alert will help locate the child.

Question 38

Massachusetts AMBER Alert Plan:

What age must the child be?

Answer 38

Under 18.

Question 39

Massachusetts AMBER Alert Plan:

Police must believe the child is in danger of:

Answer 39

serious bodily harm or death.

Question 40

Massachusetts AMBER Alert Plan:

AMBER alert should be activated: (4):

Answer 40

1. Child is abducted and there are witnesses to the crime.
2. Child is missing and there is evidence of foul play, and law enforcement believes the child was abducted.
3. Vehicle was stolen or carjacked and a child was left inside.
4. Child is missing and his or her mental capacity may have contributed to the disappearance. This child is considered in danger.

Question 41

Is a missing child, whose mental capacity may have contributed to the disappearance, considered in danger?

Answer 41

Yes.

AMBER alert should be activated.

Question 42

Massachusetts AMBER Alert Plan:

AMBER alert should be activated: (4):

4. Child is missing and his or her (blank) may have contributed to the disappearance. This child is considered in danger.

Answer 42

mental capacity

Question 43

Massachusetts AMBER Alert Plan:

AMBER Alert should NOT be activated: (4)

Answer 43

1. Child is missing and law enforcement has no evidence of foul play.
2. Child runs away from home.
3. Child is missing as a result of a custody dispute, and the child is not considered to be at risk of bodily harm or death.
4. An adult is missing.

Question 44

Any AMBER alert request must be telephones to the State Police Communications.

The decision to activate the system will be made by:

Answer 44

an on-call Major

-often after he or she calls the requesting police agency or State Police Troop.

Question 45

If a request for an AMBER Alert is denied by and on-call Major, may police contact the media directly?

Answer 45

Yes.

Police are still free to contact the media directly.

Question 46

Where an abduction takes place near a state border, or where there is reason to believe the suspect will flee Massachusetts, State Police Communications will notify:

Answer 46

NESPIN- New England State Police Information Network

so that police agencies in other states will be on the lookout for the parties. Federal agencies may be notified also.

Question 47

What should an Officer do when the child is found, after an AMBER Alert has been activated?

Answer 47

Notify State Police Communications immediately when the child is found. The on- call Major must take appropriate steps to cancel the alert and notify broadcasters.

Question 48

Parental or Relative Kidnapping:

Type 1: Child under 18

Elements: (2)

Answer 48

1. The suspect was a relative of a child, and the child is less than 18 years old; and
2. Without lawful authority, the suspect:

-Held or intended to hold the child permanently or for a protracted period of time; or

-Took or enticed the child from his or her lawful custodian.

Question 49

1. The suspect was a relative of a child, and the child is less than 18 years old; and
2. Without lawful authority, the suspect:

-Held or intended to hold the child permanently or for a protracted period of time; or

-Took or enticed the child from his or her lawful custodian.

Answer 49

Parental or Relative Kidnapping:

Type 1: Child under 18

-misdemeanor

Question 50

Parental or Relative Kidnapping:

Type 2: Child under 18 in Danger or Removed (Aggravated Parental Kidnapping)

Elements: (4)

Answer 50

1. The suspect was a relative of a child, and the child is less than 18 years old; and
2. Without lawful authority, the suspect:

-Held or intended to hold the child permanently or for a protracted period of time; or

-Took or enticed the child from his or her lawful custodian.

3. The child was exposed to danger by the kidnapping; or
4. The child was removed from the Commonwealth

Question 51

Parental or Relative Kidnapping:

Type 3: Incompetent/ Other Person:

Elements:(2)

Answer 51

1.The suspect took or enticed from lawful custody;

2. Any incompetent person or othe person “entrusted by authority of law to the custody of another person or institution”.

Question 52

1. The suspect was a relative of a child, and the child is less than 18 years old; and
2. Without lawful authority, the suspect:

-Held or intended to hold the child permanently or for a protracted period of time; or

-Took or enticed the child from his or her lawful custodian.

3. The child was exposed to danger by the kidnapping; or
4. The child was removed from the Commonwealth

Answer 52

Parental or Relative Kidnapping:

Type 2: Aggravated Parental kidnapping (Child under 18 in Danger or Removed)

-Felony

Question 53

1.The suspect took or enticed from lawful custody;

2. Any incompetent person or other person “entrusted by authority of law to the custody of another person or institution”.

Answer 53

Parental or Relative Kidnapping:

Type 3: Interference with custody of an incompetent person

-misdemeanor

Question 54

Parental or Relative Kidnapping:

Type 4: Incompetent/ Other Person and danger

Elements:(3)

Answer 54

1.The suspect took or enticed from lawful custody;

2. Any incompetent person or othe person “entrusted by authority of law to the custody of another person or institution”.
3. The incompetent or other person was exposed to danger

Question 55

1.The suspect took or enticed from lawful custody;

2. Any incompetent person or othe person “entrusted by authority of law to the custody of another person or institution”.
3. The incompetent or other person was exposed to danger

Answer 55

Parental or Relative Kidnapping:

Type 4: Incompetent/ Other Person and danger

-Felony

Question 56

Parental or Relative Kidnapping:

Since these cases often involve complicated family dynamics, it is recommended that police: (5)

Answer 56

1. Assess whether the child/incompetent person is exposed to danger.
2. What constitutes danger is deliberately undefined, so officers should apply this standard in a commonsense fashion.
3. Felony arrest authority for aggravated offenses: (exposed child or incompetent person to danger; or removed a CHILD from the Commonwealth = felony)
4. If no immediate danger, assess relationship of parties, send the complainant to the probate court, and/or contact the suspect
5. Complaint Authority (remember, in the absence of danger to a child or incompetent person, or in the absence of a child’s removal from the Commonwealth, Sec 26A is a misdemeanor requiring a complaint application, unless it is in presence and a breach of peace.

Question 57

The suspect enticed, from lawful custody, an incompetent person who was entrusted by authority to the custody of an institution, and took him to New Hampshire.

Is this a felony?

Answer 57

NO.

Removal from Commonwealth element only applies to CHILDREN

Question 58

Parental or Relative Kidnapping:

What aggravating factors make this offense a felony? (2)

Answer 58

1. Child or incompetent person exposed to danger
2. CHILD removed from Commonwealth

Question 59

Parental or Relative Kidnapping:

Of course, whenever kidnapping is forcible, the offender should be charged under 265 Sec 26, which is?

Answer 59

Kidnapping.

regardless of the relationship of the parties if it was forcible

Question 60

Parental or Relative Kidnapping:

Remember, in the absence of danger to a child or incompetent person, or in the absence of a child’s removal from the Commonwealth, Sec 26A is a misdemeanor requiring a:

Answer 60

Complaint application (unless it is in presence and a breach of peace- which is extremely rare)

Question 61

Parental or Relative Kidnapping:

If no immediate danger:

Parental entanglements may be difficult to sort out. Officers should routinely direct the complainant to the (blank).

Answer 61

Probate Court.

-which may issue an emergency order of custody if necessary. Should the suspect fail to comply, police intervention is justified.

As another strategy, officer may contact the suspect and suggest that he or she bring the child/incompetent person back and maintain the status quo to avoid possible criminal prosecution. The warning may persuade the suspect to resolve any issues in the probate court.

Question 62

Parental or Relative Kidnapping:

Type 1: Child under 18

Do police need to show that a parent or relative used force or took the child against his/her will?

Answer 62

No.

Question 63

Parental or Relative Kidnapping:

What is the relationship of the parents? The answer will alert the officer to whether an accused parent may be holding the child:

Answer 63

“without lawful authority”

Question 64

Parental or Relative Kidnapping:

Married Parents:

Unless there are probate court orders concerning custody at the time of the child’s departure, both parents have:

Answer 64

equal access to their children, and parental kidnapping is NOT an option.

Question 65

Parental or Relative Kidnapping:

Married Parents:

If there are no probate court orders concerning custody at the time of the child’s departure, can a parent be charged with Parental Kidnapping?

Answer 65

No.

both of the married parents have equal access to their children

Question 66

Parental or Relative Kidnapping:

Divorced parents:

Parental kidnapping does NOT apply to divorced parents with:

Answer 66

Joint legal and physical custody.

However, if a parent with visitation fails to return a child in violation of a court order, police may pursue this charge depending on how long the child is held ( or other evidence the suspect intends to hold the child for a protracted period). Similarly, a parent who WITHHOLDS visitation rights might violate this law.

Given the complexity of these cases, officers should usually recommend that the complainant seek a probate custody order before applying for a criminal complaint. No doubt if the child is at risk of physical harm or removal from state or country, officers should investigate immediately.

Question 67

Parental or Relative Kidnapping:

Divorced parents:

Parental kidnapping does NOT apply to divorced parents with joint legal and physical custody.

However, if a parent with visitation fails to return a child in violation of a court order, police may pursue this charge depending on:

Answer 67

how long the child is held ( or other evidence the suspect intends to hold the child for a protracted period).

Similarly, a parent who WITHHOLDS visitation rights might violate this law.

Question 68

Parental or Relative Kidnapping:

Unmarried Parents:

If the probate court has not issued a specific custody order, then who has full custody of the child?

Answer 68

The mother.

Basically, the police CANNOT pursue a case on behalf of the father unless he seeks a probate order.

The police could pursue a criminal case on behalf of a mother without have her go to probate court.

This is the default rule.

** The exception to this rule occurs when either parent “relinquishes care” of the child.

Question 69

Parental or Relative Kidnapping:

Unmarried Parents:

If the probate court has not issued a (blank), then the mother has full custody of the child.

Answer 69

specific custody order

This is the default rule.

** The exception to this rule occurs when either parent “relinquishes care” of the child.

Question 70

Parental or Relative Kidnapping:

Unmarried Parents:

If the probate court has not issued a specific custody order, then the mother has full custody of the child. This is the default rule.

The exception to this rule occurs when either parent:

Answer 70

relinquishes care of the child.

-if either unwed parent is dead, unfit, unavailable, or relinquishes care, the other parent has custody.

Under this standard, police could pursue a criminal case on behalf of a father against a mother who had stopped caring for their child- or vice versa.

Question 71

Parental or Relative Kidnapping:

Unmarried Parents:

If the probate court has not issued a specific custody order, then the mother has full custody of the child. This is the default rule.

The exception to this rule occurs when either parent:

Answer 71

relinquishes care of the child.

Ex. Ernesto Gonzalez has been absent for 3 years. When he tried to re-enter his child’s life, he sought permission from her mother- showing he recognized the mother’s role as the custodial parent. Because Gonzalez had “relinquished care”, he lacked lawful authority to hod the child beyond the scheduled visit. He was convicted.

To decide differently would encourage unmarried, noncustodial fathers to take their children form their mothers without probate court permission.

Question 72

While living in Vietnam, Jon Lockwood had two children. The children’s mother moved to Switzerland. Lockwood returned to the United State with the children, and they lived in a motel near his work place. When the motel manager reported that the children were being left alone during the day, they were placed in a foster home. Permanent custody was awarded to DCF, which tried to transfer custody to the mother in Switzerland.

Nine days before the hearing, Lockwood had a supervised visit with the children. Despite the fact that Lockwood could only meet the children at these visits, he followed them back to their foster home in his car, which he had packed with items for a long trip. He then waited outside. The boy came out to play and spotted Lockwood; he ran back inside to alert his foster mother. Lockwood chased the boy onto the porch, where the foster mother tried to block him. Lockwood pushed the foster mother, then grabbed both children and pulled them to his car. He was caught later that night in Connecticut following an AMBER Alert.

What is the proper charge?

Answer 72

Aggravated Parental Kidnapping.

Here, both types occurred: Exposed children to danger by triggering a regional manhunt; took them out of the state

Note: Necessity defense rejected: Jon Lockwood’s claim of necessity was based on the belief that his children suffered emotionally in DCF custody…. none of these perceived dangers could only be cured by forcefully removing his children form their foster home. Instead, Lockwood could have, and should have, argued these issues in court.

Question 73

What is the necessity defense allowed?

Answer 73

Only when the defendant is faced with a clear danger, and he reasonably expects that his action will prevent the danger, and there is no legal alternative.

Question 74

Parental or Relative Kidnapping:

Type 3: Interference with custody of an incompetent person

Must the suspect be a family member for a type 3 offense or 4 offense?

Answer 74

No.

it is a crime for anyone to take or entice an incompetent person or person entrusted by law to the custody of another person or institution. This section is applicable to anyone “regardless of age” and might be invoked, for example, if:

a family friend, because of a dispute, refused to return a 40 year old autistic adult to his group home following a visit.

Question 75

Parental or Relative Kidnapping:

This branch of the statute could also be invoked for a non relative’s interference with child custody, if regular kidnapping charge was not applicable:

Answer 75

Type 3

Question 76

Kidnapping and Parental Kidnapping:

Venue:

Answer 76

Can be tried in the county where the victim was seized or in any county where the victim was confined, carried, or brought.

Question 77

The Child Custody Jurisdiction Act requires that Massachusetts courts enforce custody orders from other states, without modification. This prevents a parent from seeking an advantage outside the child’s home state. There is one exception:

Answer 77

For any child physically present in Massachusetts, the probate court has emergency jurisdiction to order temporary custody until a court in the child’s home state issues a more permanent custody order.

Ex. While visiting her mother in Massachusetts, the child disclosed several instances of physical abuse by her stepmother in Louisiana, which was her home state. A Massachusetts probate court properly issued an emergency custody order.

Question 78

True or false?

Massachusetts is required to honor custody orders from other states, although emergency probate court jurisdiction is possible.

Answer 78

True.

Ex. While visiting her mother in Massachusetts, the child disclosed several instances of physical abuse by her stepmother in Louisiana, which was her home state. A Massachusetts probate court properly issued an emergency custody order.