Missing Persons
Policy text
Source details
Source file: 2.04 Missing Persons.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 2.04
Subject:
MISSING PERSONS
Issuing Authority: Effective Date: Review Date:
Chief of Police 10/01/2009 09/18/2023
References:
Review
Revision 01/10/2014
Reissued 02/16/2016
Dates: 4/12/2018
05/15/2020
CALEA STANDARDS: 41.2.5 41.2.6
GENERAL CONSIDERATIONS AND GUIDELINES
A missing person is one who is absent with no apparent reason or under circumstances which
may indicate involuntary disappearance. It should be remembered that missing persons are not
fugitives and often have voluntarily left home for personal reasons of which the person making
the report may be reluctant to inform the police. Despite limited resources and the fact that many
of these reports may be unfounded or unnecessary, the department cannot ignore such reports
and must be prepared to respond to all missing person’s reports.
DEFINITIONS
1.At Risk Persons: Any person who is physically or mentally challenged and who poses a risk
to themselves or other, e.g., mental disorders, suicidal, Alzheimer’s patients, or diabetics.
2. Critically Missing: A reported missing person who is missing, and foul play may be a factor;
or any at risk person.
POLICY
It is the policy of the Canton Police Department to ensure that reports of missing persons are
promptly recorded, assessed, and investigated. In particular, great care shall be exercised in
investigating any missing child case (must be considered at risk) as well as any adult at risk
person or one who is critically missing. 41.2.5(3F); 41.2.6(1A)
PROCEDURES
I. Initial Report/Preliminary Investigation
A. Initial Report
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1. When a person is reported missing, the following information shall be taken in
person: 41.2.5(3A)
a. A description of the missing person, including the name, age, sex, physical
description, and description of clothing;
b. Time and place at which the person was last seen, the names and
relationships of anyone who may be with the person, and any likely
destination;
c. Is the person ‘At Risk’? Details regarding any known mental, emotional or
physical impairment of the missing person and whether [s]he requires any
medications; if medications are required, the type, frequency, and last
administration should be ascertained, if possible; 41.2.5(3F)
d. The name and address of the person making the report and his/her
relationship with the missing person;
e. The signature of the reporting party on the department missing person
form;
f. The extent of any search already performed by the caller or other parties,
including a list of friends, coworkers, and associates who have been
contacted and a list of any who have not been reached;
g. Whether the person has ever been reported missing on previous occasions;
h. Other information that may be useful in locating the person (for example,
particular habits or personal interests, places frequented, location of out-
of-town relatives or friends, etc.) and determining whether the person is a
potential victim of foul play;
i. Whether the person is drug dependent (prescribed medication, or user's
habit); and
j. The reason for any delay in reporting the person missing.
2. The dispatcher shall broadcast to all personnel on duty that information necessary
for the recognition and identification of the missing person. 41.2.5(3B);
41.2.6(2C,2EI)
3. If the responding officer determines that the aid of outside agencies or special
equipment will be helpful, a request for these services shall be made after
consultation with the Patrol Supervisor or Shift Supervisor. 41.2.5(3B);
41.2.6(2B)
4. Appropriate steps shall be taken and special considerations will be made if the
missing person is considered to be “critically missing” or “at risk”, including
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juveniles, the elderly, mentally impaired, suicidal, Alzheimer’s patients, or
diabetics. 41.2.5(3F)
5. Upon receipt of the necessary information, the officer/dispatcher shall
immediately enter this information into the LEAPS/CJIS computer system, and
record the NCIC, LEAPS, and OCA numbers. 41.2.5(3C)
6. Upon a Supervisor’s determination based on factors such as if the missing person
is considered at risk or critically missing, the MIS Coordinator will be contacted
and asked to send out a reverse 911 call to all residents in the community.
41.2.5(G)
A. Initial Reports/Investigations of Missing or Unidentified Juveniles 41.2.6 (1A)(2A)
1. In addition to the procedures outlined above in section III. A. Initial
Reports/Preliminary Investigations, the following additional steps shall be taken
when the missing person is under age eighteen.
2. The officer taking the report shall record the following information: 41.2.6 (2EI)
a. Whether the child’s absence is a significant deviation from established
patterns of behavior and cannot be explained;
b. Whether the child may be with adults, including parents and other
relatives, who may endanger the welfare of the child; and
c. The name of the school the child attends and, if relevant, the name of the
person who was supposed to pick up the child.
3. Massachusetts law requires that whenever a parent, guardian, or governmental
unit responsible for a child reports the child missing, police officers are required
to immediately enter relevant information into the central register for missing
personsi. 41.2.6(2C)
4. A cruiser shall be dispatched to the residence or other location where the report
originated as soon as possible to begin the investigation. 41.2.6(2EII)
a. Massachusetts law requires that whenever a parent, guardian, or
governmental unit responsible for a child reports the child missing, police
officers are required immediately to undertake to locate the missing child.i
b. A permanent record shall be made of what activity is undertaken to locate
the child.
5. When a juvenile is reported missing from his/her residence, the officer shall
attempt to obtain consent to a search of the house where the child resides and
once consent is obtained a search shall be conducted. 41.2.6(2EII)
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NOTE: In order to enter private property in search of a missing person, ordinarily
a search warrant is required. However, in a true emergency situation there is no
need for a warrant to enter premises where the officer has reason to believe the
missing person is located.ii
6. The last known elementary or secondary school where the child was enrolled shall
be notified in accordance with Massachusetts law.iii
7. A check should be made of the last place the child was reportedly seen, including
interviews of individuals who were present at the actual scene of the
disappearance, as well as friends' houses, arcades, playgrounds, places of
employment, and other places frequented by the child, as well as local hospitals.
8. The juvenile officer, if any, shall be notified, regardless of who the investigation
is assigned to.
C. Follow-Up Investigation 41.2.5(3E), 41.2.6(2F)
1. The investigating officer should interview the person who initiated the report to
verify information already available and to obtain further facts which may be
helpful. 41.2.5(3D)
2. PHOTOGRAPHS: The investigating officer shall obtain a photograph of the
missing person, if one has not been previously obtained. Such photographs
should be posted in the police station with an accompanying description where
they may be viewed by all officers.
3. In all cases of a missing person, regardless of age, the investigating officer shall
request from a family member or next of kin of the missing person:
a. Written authorization for the release of medical and dental records,iv as
well as a copy of such records; (see attachment for sample release form)
and
b. A copy of the missing person's fingerprints, if available.
4. Where appropriate, police records should be consulted for any further information
about the missing person.
5. The District Attorney's office and the State Police Missing Persons Clearing
House should be notified in any case in which their resources may be helpful.
6. In any case where it appears that the missing person may not be found locally or
within a reasonable amount of time, the investigating officer shall order
notification of the following agencies and data bases, if not previously notified:
LEAPS/CJIS, NCIC, and OCA. In cases of apparent stranger abductions, the FBI
should be contacted. 41.2.5(3C); 41.2.6(2C)
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7. MEDIA NOTIFICATION: Notification of the general public through any of the
news media can be valuable in locating a missing person. A decision to use the
media shall be made after approval by the Chief of Police and consultation with
the family of the missing person. 41.2.5(3G); 41.2.6(2D)
8. CONTACT WITH REPORTING PARTY: Investigators assigned to a missing
person case should maintain contact with the family members and/or the reporting
party. An initial follow-up report shall be filed within 10 days of the filing of the
missing person report, with additional reports on the status of the investigation
filed at least every thirty (30) days as long as the case remains open. 41.2.5
(3D,E); 41.2.6(2F)
D. Special Considerations - Missing Juveniles 41.2.6
1. Voluntarily Missing (Run Away) Juveniles 41.2.6 (1B)
a. A voluntarily missing case investigation focuses on the family, friends,
school, and lifestyle of the missing juvenile.
b. In determining whether a juvenile is voluntarily missing, officers should
consider whether the juvenile took any items to which [s]he has a
particular sentimental attachment.
c. Other units in the department and nearby jurisdictions should be informed
of the case and provided with pictures of the missing juvenile. 41.2.6(2C)
d. The officer should instruct the parent(s) to secure a Child in Need of
Services (CHINS) warrant from the juvenile court as soon as possible to
aid in the recovery of the juvenile.
e. Any indication of neglect or abuse in the family should be considered, and
upon recovery of the missing juvenile, appropriate follow-up action shall
be taken by the investigating officer where appropriate, including filing a
neglect and abuse report with the Department of Children and Families.v
2. Parental Kidnapping 41.2.6(1D)(2EIV)
a. A noncustodial parental kidnapping case requires a thorough investigation
as the abducting parent is in violation of the law, and the juvenile abducted
by a parent may be in serious danger.vi The investigation focuses on the
abductor parent, his/her friends and relatives, and on the needs of the
juvenile for public care.
b. A thorough check of bank records, employment, labor unions, credit
bureaus, the Federal Parent Locator Service, any other governmental
agencies should be made in an attempt to locate the abductor.
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c. If friends or relatives are thought to be in contact with the abductor
through the mail, the postal inspector's office may be asked to place a
"cover" on that individual's mail.
d. When sufficient supporting data is provided, criminal charges should be
filed against the abductor parent and an arrest warrant obtained. The
District Attorney's office should be notified in noncustodial parental
kidnapping cases to expedite court procedures. In certain cases, the
District Attorney's office may seek a Federal Unlawful Flight to Avoid
Prosecution Warrant through the United States Attorney's office.
3. Abduction of Juveniles - Critically Missing 41.2.6(1D,E)
a. Stranger abduction cases require that the juvenile be considered in extreme
danger and therefore every available resource of the department shall be
utilized to find the juvenile and ensure his/her safety.
b. A command post should be set up away from the juvenile’s home. An
officer should be stationed at the house to maintain communication
between the command post and the parents. 41.2.6(2EIII)
c. The District Attorney's office and State Police Missing Persons Unit
should be notified in all stranger abduction cases. The FBI should also be
informed of the abduction.
4. Juveniles Missing for Unknown Reasons 41.2.6
a. Juveniles missing for unknown reasons shall be assumed to be kidnapped
and investigated aggressively.
5. Massachusetts AMBER ALERT Plan 41.2.6(2D)
a. The “AMBER PLAN” – America’s Missing: Broadcast Emergency
Response was initiated to increase the chances of recovering abducted and
endangered children. It is a voluntary, cooperative effort involving the
Massachusetts Chiefs of Police Association, the Massachusetts State
Police, the Massachusetts Emergency Management Agency (MEMA) and
local broadcasters. Radio, cable, and television stations statewide will
receive a child abduction alert message and may broadcast this every 30
minutes for up to 4 hours in an effort to solicit the public’s assistance in
recovering an abducted child and quickly apprehending the suspect.
b. Criteria for the AMBER ALERT Notification Plan Activation. Although
each case has its own set of circumstances, officers MUST follow the
activation criteria as closely as possible. 41.2.6(2D)
1. The child must be under the age of 18, and
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2. Officers must believe the child is in danger of serious bodily
harm or death, and
3. There is enough descriptive information for officers to believe an
AMBER Alert will help locate the child
If all the criteria are not met, the AMBER Alert Notification Plan
should not be activated. THE PLAN SHOULD NOT BE USED
FOR RUNAWAYS and most “Child Custody” situations do not
meet the criteria.
c. ACTIVATION REQUEST – Where officers believe the three criteria have
been met, the Chief of Police SHALL be notified. The Chief or his
designee will determine if an AMBER Alert should be requested. If a
request is warranted, officers shall; 41.2.6(2D)
1. Submit the request orally by phone to the Massachusetts State
Police Communications Section (COMM SEC) @ (508) 820-2121
AND
2. Fax the completed Activation Request (attached) to COMM SEC
@ (508) 820-2150 followed by a phone call to confirm they
received the fax.
3. A recent photograph of the abducted child and the suspect, if
available should be forwarded to COMM SEC, in electronic format
via scanner and internet.
4. Upon receipt of the request, the MSP COMM SEC will
immediately notify an on-call major, known as the Amber Alert
Activation Officer, providing him/her with the information
received. The Major will then:
a. Verify the information by calling the Station Officer
b. Determine if the information satisfies the three Amber
Alert Criteria, and, either,
c. Activate the alert or, decline the Activation request
5. The Chief or his designee will immediately be contacted with the
Major’s decision.
6. If the Alert is activated, the MSP COMM SEC should be notified
immediately when an abducted child is recovered or found. The
MSP Major will take the appropriate steps to cancel the alert and
arrange to have broadcasters so notified.
7. Circumstances where an AMBER Alert would be activated
include:
a. Child is abducted and there are witnesses to the crime,
b. Child is missing and there is evidence of foul play, and
responding officers believe the child was abducted,
c. Vehicle was stolen or “carjacked” and a child was left
inside the vehicle,
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d. Child is missing and particular consideration is given to
their behavior or mental capacity in some way contributing
to their disappearance.
8. Circumstances where an AMBER Alert would not be activated;
a. Child is missing and responding officer has no evidence of
foul play,
b. Child runs away from home,
c. Child is missing as a result of a custody dispute and the
child is not considered to be at risk of bodily harm,
d. An adult is missing
E. Special Considerations – Alzheimer’s Disease 41.2.5(3F)
1. When a person with Alzheimer’s is reported missing, an investigation shall be
initiated immediately as such persons are considered at risk.
2. The officer taking the missing person’s report or dispatcher shall telephone Safe
Return at 1-800-572-1122. Safe Return is a national Alzheimer registry
available to law enforcement to help resolve lost elder cases. The Alzheimer’s
Association operates Safe Return twenty-four hours per day. It will issue a Fax
Alert to area police departments, hospitals, shelters and elder service agencies and
will follow up with the missing person’s caregivers. The investigating officer
shall notify Safe Return when the person is located. 41.2.5 (3G)
3. Patrol officers shall periodically recheck the area where the person was last seen.
These individuals are usually found within a mile or two from where they
disappeared. They will usually not respond to shouts nor will they cry out for
help.
F. Recovery of Missing Person 41.2.5(3C,D); 41.2.6(2E,F)
1. Recovery in Jurisdiction of Department
a. Whenever a missing person is located, officers shall ensure that medical
attention is provided, if required.
b. The Officer-in-Charge shall ensure: 41.2.6(2EIII)
i. Notification of all of the agencies notified of the situation or
involved in the recovery effort;
ii. The removal of the information from data bases which had been
previously contacted; and 41.2.5(3C)
iii. That the investigating officer is notified that the missing person has
been located.
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c. When an adult missing person is located, the investigating officer shall
notify the party originating the report of the status of the missing person,
bearing in mind the missing person's right to privacy. 41.2.5 (3D)
d. When a missing juvenile is found, the investigating officer shall notify the
parent or legal guardian of the juvenile’s location so that the parent or
guardian may retrieve the juvenile. If the parent or guardian is unable to
do so, the Department of Children and Families shall be notified in an
effort to provide temporary custody for the child. 41.2.6 (2F)
e. All missing persons, when found, shall be questioned as to their
whereabouts and activities. Officers should determine whether the
missing person was the victim of any crime during the period of absence.
Eliciting a full account of the missing person's whereabouts is essential to
future corroboration of the missing person's story.
f. Officers locating a missing person shall file a report detailing the
circumstances surrounding the finding of the person and any particular
difficulties encountered (for example, reluctance or refusal to return home)
should be noted, as this may signal neglect or abuse in the family. If there
is any indication of neglect or abuse of a child, a report should be filed
with the Department of Social Services.vii Any other appropriate follow-
up action, including the filing of criminal charges, should be taken.
41.2.6(2F)
g. If a missing person is found dead, the procedures outlined in the
applicable statute and departmental policy Dead Bodies, requiring
notification of the Medical Examiner and the District Attorney or his/her
representative, shall be followed.viii If the deceased is not identified, the
police should also act to ensure that the Medical Examiner notifies the
Department of Public Safety (Missing Persons Unit) and furnishes other
identifying data, in compliance with the requirements of state law.ix
41.2.6(2F)
2. Recovery Outside of Jurisdiction
a. Upon notification that a missing person has been found outside the
department’s jurisdiction, the Officer-in-Charge shall ensure:
41.2.6(2EIII)
i. Notification of all of the agencies previously notified or involved;
ii. The removal of the information from data bases which had been
previously contacted; and 41.2.5(3C)
iii. That the investigating officer is notified that the missing person has
been located.
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b. The investigating officer shall notify the party originating the report.
41.2.5(3D); 41.2.6(2F)
c. The investigating officer shall file a report detailing the conclusion of the
missing person’s investigation in accordance with departmental
procedures. 41.2.6(2F)
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MASSACHUSETTS AMBER ALERT
Activation Request-Immediate Action Required
MASSACHUSETTS STATE POLICE Requesting Department:
COMMUNICATIONS SECTION _____________________________Phone #_____________________
VOICE (508) 820-2121 Name of the Authorized Submitting Official:
FAX (508) 820-2150 CONFIRMATION REQUIRED
Abduction Date: Time:
Date &Time WEAPON USED TYPE:
Location of City/Town: Specific Location:
Abduction
Abducted
Child ________________________________________________________________________________________
Information Name: First Middle Last
Parental Consent to Release Child’s Name: Male Race: Age or DOB
Yes No Female
Child’s Description: Clothing, height, weight, eye & hair color, hair style, scars or marks:
Suspect
Information ________________________________________________________________________________________
(If Available) Name: First Middle Last
Male Race: Age: Describe Suspect Below: Include clothing, height, weight, eye & hair color,
Female hair style, scars, marks, tattoos:
Vehicle Vehicle Year: Color: MV Plate #: State:
Information Make: Model:
Other Descriptors (dents, scratches, stickers, damage etc.:)
Abduction Include direction of travel, possible destination if known, additional suspects, etc.:
Gist
State TT Item Log # Administrative Flash Sent (AF) General Broadcast Cancelled (GBC)
Police @ @
Use Only
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ATTACHMENT
Authorization for Release of Medical and Dental Records
I, , do hereby
(name of parent, guardian or family member)
authorize the doctors and dentists listed below to release to the
any and all medical and dental
(investigating agency)
records or other information which may facilitate the location and
identification of , who is
(name of missing person)
currently missing. I authorize this release on the condition that the police and other persons who
receive such information will use it only for the purposes of locating and identifying said missing
person and will otherwise hold the information in strict confidence.
(signature) (date)
NAMES AND ADDRESSES OF DOCTORS AND DENTISTS
Dr.
(name)
(address)
Dr.
(name)
(address)
Dr.
(name)
(address)
iM.G.L. c. 22A, s. 4
iiCom. v. Bates, 28 Mass. App. Ct. 217, 548 N.E.2d 889 (1990)
iii M.G.L. c. 22A, s. 9
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ivM.G.L. c. 22A, s. 6 vM.G.L. c. 119, s. 51A viM.G.L. c. 265, s. 26A viiM.G.L. c. 119, s. 51A viiiM.G.L. c. 38, s. 6 ixM.G.L. c. 22A, s. 5 Canton Police Department’s Missing Persons Policy Page 13