HPM 100.69 CHAPTERS 4 TO 7 / missing persons, EPOs and restraining orders

Question 1

An Emergency Protective Order (EPO) is a court order prepared by _______ and issued by a judge, commissioner, or referee, by telephone or otherwise, whether or not the superior court is in session (Sections 6240-6275 of the Family Code [FAM]), when there is immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking to a victim. Such an order restrains activity, and/or excludes the suspect from the premises, and/or determines temporary custody of minor children. HMP 100.69 4-3(Sec a)

Answer 1

an officer

Question 2

A Restraining Order is an order issued by __________ during normal business hours. These orders are normally mailed or delivered to police and sheriff’s departments for enforcement but may be mailed or delivered to the CHP for enforcement if the individual who sought the order so designates. A restraining order is available from the superior court and can grant the following eight types of relief:
A. An order restraining the attacker from abusing the protected person and other family members.
B. An order directing the attacker to leave the household.
C. An order preventing the attacker from entering the protected person’s residence, school, business, or place of employment.
D. An order awarding custody of/or visitation with a minor child or children.
E. An order restraining the attacker from molesting or interfering with minor children in the protected person’s custody.
F. An order directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so.
G. An order directing a party to make specified debt payments.
An order directing either or both parties participate in counseling. HMP 100.69 4-3(Sec b)

Answer 2

the court

Question 3

A Gun Violence Emergency Protective Order (GVEPO), is an order prepared by _______ and issued by a judge or commissioner by telephone or otherwise, whether or not the superior court is in session, when the following conditions are met:
A person poses an immediate and present danger of causing personal injury to themself or others by having custody or control of, owning, purchasing, possessing, or receiving a firearm. A GVEPO is necessary to prevent injury to the subject of the order or another “because less restrictive alternatives either have been tried and found to be ineffective or have been determined to be inadequate or inappropriate.”
HMP 100.69 4-3(Sec c)

Answer 3

an officer

Question 4

A Gun Violence Restraining Order (GVRO), also known as an Ex Parte Gun Violence Restraining Order, is an order issued by ________ during normal business hours. A GVRO may be requested when there is a substantial likelihood that both of the following are true.
HMP 100.69 4-3(Sec d)

Answer 4

the court

Question 5

A _______, Application for Emergency Protective Order. Pursuant to Sections 6240-6275 FAM, an officer may attempt to obtain an EPO when there are reasonable grounds to believe an immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking exists and an order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or stalking. The _________ is available from Supply Services Unit. HMP 100.69 4-5(Sec a)

Answer 5

CHP 175

Question 6

EPO-002, Gun Violence Emergency Protective Order. Pursuant to Section 18125 PC, a GVEPO shall be sought when an officer believes there is an immediate and present danger involving firearms and the subject may harm themself or others. Appropriate supervisory notification ________ made prior to seeking to obtain a GVEPO. The EPO-002 is available on the CHP Intranet site forms directory. HMP 100.69 4-5(Sec b)

Answer 6

shall be

Question 7

The CHP 176 is used as a locator for court protective orders that have been issued by, served by, or mailed/delivered to the CHP for enforcement, so the existence, validity, and terms of those orders can be provided to allied law enforcement agencies responding to the scene of a ___________ __________ _________. HMP 100.69 4-5(Sec d)

Answer 7

domestic violence incident

Question 8

Pursuant to Section 836(c) PC, an officer _________ an individual who has violated the provisions of any of the domestic violence protective orders listed below, whether or not the violation occurred in the officer’s presence: Section 527.6 of the Civil Procedures Code, 136.2 PC., 646.91 PC, 1203.097(a)(2) PC, 213.5 of the Welfare and Institution Code (WIC), 15657.03 WIC. A domestic violence protective or restraining order issued by the court of another state, tribe, or territory when the officer has probable cause to believe the restrained person has notice of the order and has committed an act in violation of the order. HMP 100.69 4-7(Sec B -1)

Answer 8

shall physically arrest

Question 9

Pursuant to Section 18120 PC, a person subject to either an Gun Violence Emergency Protective Order (GVEPO) or a Gun Violence Restraining Order (GVRO) shall not have in their custody or control, own, purchase, possess, or receive any firearms or __________ while that order is in effect. Pursuant to Section 18205 PC, every person who owns or possesses a firearm or ammunition with knowledge they are prohibited from doing so by a GVEPO or GVRO is guilty of a misdemeanor. HMP 100.69 4-8(Sec C)

Answer 9

ammunition

Question 10

Whenever a complainant at the scene advises of the existence of a court order and the existence of the order is not personally known to the officer, they shall ascertain both the existence of the order and _____________ or otherwise notified of the terms of the order (i.e., present at the hearing). HMP 100.69 4-9(Sec 3)

Answer 10

proof that the suspect has been served

Question 11

An EPO expires no later than the close of judicial business on the______day of court or the seventh calendar day following the day of issuance. An EPO can only be issued by an on-call magistrate when reasonable grounds have been asserted that an immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking exists, and an EPO is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking. HMP 100.69 4-11.

Answer 11

the fifth day of court

Question 12

Gun Violence Emergency Protection Order (GVEPO). If a person receives a GVEPO, the issuing officer shall ensure all reasonable steps are taken to remove the person’s access to firearms and/or ammunition that are under their possession, custody, or control. If the subject of the GVEPO does not willingly surrender their firearms and/or ammunition to the Department or a local law enforcement agency, officers ________ seek a search warrant to remove the items pursuant to Section 1524(a)(14) PC. HMP 100.69 4-11 (B).

Answer 12

shall

Question 13

Once an EPO or GVEPO has been issued, the officer shall notify the ____________ so that the information from the order can be entered into the CARPOS, within one business day. A copy of the order should be transmitted to the communications center so the terms of the order can be verified upon request by a CHP command or allied law enforcement agency. HMP 100.69 4-15 (5).

Answer 13

communications center

Question 14

14. Departmental personnel who have knowledge of or observe a child whom they suspect has been the victim of child abuse or neglect shall report the known or suspected instance of child abuse or neglect to an Local County Designated Agency LCDA ________ or as soon as practicably possible by telephone. HMP 100.69 5-4 c.

Answer 14

immediately

Question 15

Department of Justice Form BCIA 8572, Suspected Child Abuse Report Departmental personnel shall complete the Department of Justice (DOJ) form BCIA 8572, Suspected Child Abuse Report, each time child abuse or neglect is suspected, regardless of whether the case is turned over to the Local County Designated Agency (LCDA). This includes each time a charge of child endangerment, as defined in Section 11165.3 PC, is charged with another violation (e.g., DUI, reckless driving). The DOJ BCIA 8572 is available in the online departmental forms directory. The DOJ report shall be submitted to the LCDA within ____________ of receiving information regarding an incident of suspected child abuse or neglect. HMP 100.69 5-4 d

Answer 15

36 hours

Question 16

The _________, Right to Privacy Acknowledgement to Victim. Pursuant to Section 293(a) PC, victims of crimes listed in Section 7923.615(b)(1) of the California Government Code shall be advised of their right to privacy. The victim’s name and address may be withheld from the report at their request or at the request of their parent or guardian. If confidentiality is requested, a _______, Right to Privacy Acknowledgment, must be completed, and the victim’s name and address shall only be recorded at the bottom of this form. The victim or parent or guardian must then sign the report for confidentiality to apply. Insert “John/Jane Doe” in place of the victim’s name and exclude the victim’s address on all other associated forms. The offer of confidentiality shall be made prior to the initiation of a report and completion of a ________ with the victim’s parent/guardian name and address. If confidentiality is not invoked, the CHP 174 shall become an attachment to the CHP 216 or CHP 202. HMP 100.69 5-9 d

Answer 16

CHP 174

Question 17

The CHP 174, Right to Privacy Acknowledgement to Victim. Pursuant to Section 293(a) PC, victims of crimes listed in Section 7923.615(b)(1) of the California Government Code shall be advised of their right to privacy. The victim’s name and address may be withheld from the report at their request or at the request of their parent or guardian. If confidentiality is requested, a CHP 174, Right to Privacy Acknowledgment, must be completed, and the victim’s name and address shall only be recorded at the bottom of this form. The victim or parent or guardian must then sign the report for confidentiality to apply. Insert “______” in place of the victim’s name and exclude the victim’s address on all other associated forms. The offer of confidentiality shall be made prior to the initiation of a report and completion of a CHP 174 with the victim’s parent/guardian name and address. If confidentiality is not invoked, the CHP 174 shall become an attachment to the CHP 216 or CHP 202. HMP 100.69 5-9 d

Answer 17

John/Jane Doe

Question 18

The CHP 174, Right to Privacy Acknowledgement to Victim: If confidentiality is invoked, the CHP 174 shall become the face page to the report, and the victim’s name and address will only appear on this form. The CHP 174 _________ by the victim for confidentiality to apply. “John/Jane Doe” shall be inserted in the place of the victim’s name on the CHP 216 or CHP 202, and the address shall be excluded. The CHP 174 shall remain confidential and only be released with the report when it is provided to the district attorney’s office for purposes of prosecution, or to an allied law enforcement agency for follow-up investigation. HMP 100.69 5-9 d

Answer 18

must be signed

Question 19

Reports of Missing Persons─Adults and Minors.Generally, reports of missing persons _________ be referred to the appropriate local law enforcement agency. Departmental employees shall provide the name, address, and phone number of the appropriate law enforcement agencies and offer assistance in making contact with those agencies (Section 14211 PC). Refer to the Missing Person Procedure Tree in Annex B. HMP 100.69 6-3 2 a.

Answer 19

should be

Question 20

If circumstances warrant immediate action, officers ________ conduct a preliminary investigation and report, including facilitating (through the CHP communications center) notification to the Department of Justice (DOJ) Missing/Unidentified Person System (MUPS). As soon as practical, the investigation should be relinquished to the appropriate law enforcement agency. HMP 100.69 6-3 2 a. 3

Answer 20

shall conduct

Question 21

Located Missing Persons: Notification. Upon locating/finding a missing person (child or adult), officers shall immediately notify the Attorney General’s office via MUPS. Officers should also notify the agency which generated the missing persons report and provide pertinent information within _____ hours. Refer to the Located/Found Missing Person Procedure Tree in Annex C. HMP 100.69 6-4 C

Answer 21

24 hours

Question 22

Located Missing Person: Missing Person. As used in this title, “missing person” includes, but is not limited to, any of the following: An at-risk adult. A child who has been taken, detained, concealed, enticed away, or retained by a parent in violation of PC Part 1, Title 9, Chapter 4 (commencing with Section 277). A child who is _______ (e.g., runaway) or involuntarily, or under circumstances not conforming to their ordinary habits or behavior, and may be in need of assistance. HMP 100.69 6-5 1a.

Answer 22

missing voluntarily

Question 23

Mandatory Advisement. When notified of a missing person, the CHP is required to advise the reporting party of the name and address of the appropriate law enforcement agencies, the ______having jurisdiction where the missing person resides, and the location they were last observed, per Section 14211(b) PC. Section 14250(c)(2) PC requires that law enforcement inform the parents, or appropriate relatives, of a person missing under high-risk circumstances that they may give a voluntary deoxyribonucleic acid (DNA) sample for testing, or may collect a DNA sample from the missing person’s personal article(s), if available, within 30 days of making their report. The samples shall be taken by the appropriate law enforcement agency as prescribed by DOJ. HMP 100.69 6-6 4.

Answer 23

agency having jurisdiction

Question 24

Preliminary Reports by California Highway Patrol. When circumstances warrant immediate action, officers should take the initial report and make the appropriate notifications to MUPS. The investigation should be relinquished to the appropriate law enforcement agency as soon as practical. Officers shall ascertain and disseminate pertinent information to facilitate successful recovery of the missing person. HMP 100.69 6-7 c.

Answer 24

should take

Question 25

Notice to Department of Justice of a missing person: Section 14211(e) PC requires notification to DOJ, for inclusion in the Violent Crime Information Center (VCIC) and the National Crime Information Center (NCIC) databases, within _______ hours of accepting a report of a missing person under age 21 or at risk. This may be accomplished by establishing a record in MUPS (via CHP communications center). HMP 100.69 6-8 4.

Answer 25

within two hours

Question 26

Notice to the Appropriate Law Enforcement Agency. Within ______ hours of taking a preliminary missing persons report, a copy of the CJIS 8568 shall be forwarded to the appropriate law enforcement agencies (location where reported missing and location of residence). HMP 100.69 6-8 5.

Answer 26

24 hours

Question 27

Mandatory Follow-up. Within _______ hours of the MUPS entry, the CHP Area office shall ascertain whether the local law enforcement agency has established their own MUPS record. Further follow-up may be required if the local law enforcement agency delays making this entry. When the permanent entry is established by the local law enforcement agency, the Area should request the communications center delete the CHP MUPS record from the system. HMP 100.69 6-8 6.

Answer 27

within 24 hours