Missing Persons, Runaways, and Child Custody Situations

General-preamble to the policy:

• It is the policy of this department to conduct thorough missing persons investigations to ascertain the possibility of a criminal act, to quickly initiate searches to reduce the possibility of harm to missing persons, and to return missing, runaway, abandoned, or abducted children to their families as soon as possible or to the appropriate facility, if they are victims of crimes in the home.

• Events generated for missing persons will be investigated and handled with great care got determine the best ways to locate reported missing adults and juveniles. Being a missing person is not a crime but must be investigated by LVMPD to determine if the reason a person is being reported missing is due to a crime or is suspicious in nature.

• Missing persons detail has the primary responsibility for follow-up investigations on all missing persons, whether juvenile or adult, and child custody (civil) cases.

• LVMPD will not require any waiting period to make a missing persons report (in compliance with National Child Search Assistance Act of 1990 amended)

• Missing Persons, runaway, and child custody cases can be reported to LVMPD via the comms. Bureau, records and fingerprint bureau, individual police substations, or officers and report takers in the field.

In accordance with National Child Search Assistance Act of 1990 (as amended) and federally mandated Suzanne’s Law, entry into NCIC will be made under the following circumstances:

1. All juveniles, 17 years old and younger, will be entered into NCIC immediately upon receive the required minimum data elements, not to exceed two hours

2. Missing persons 18-20 years old (even though legally considered adults) will also be entered in NCIC in accordance with federally mandated Suzanne’s Law immediately upon receiving the minimum data elements, not to exceed two hours.

   1. The minimum data elements are:

      1. Name

      2. DOB

      3. Sex

      4. Race

      5. Height

      6. Weight

      7. Hair color

      8. Eye color

      9. Date/time of last known contact

3. Adults may go missing for a variety of reasons. However, adults can only be entered into NCIC if they have a disability, are in physical danger, are a victim of a catastrophe, or suspicious or involuntary circumstances (i.e. endangered). Regardless of NCIC entry, ALL missing persons will be entered into SCOPE.

• Entry into NCIC must be listed in one of the following categories as specified by NCIC manual:

  • Disability (EMD)

  • Endangered (EME)

  • Involuntary (EMI)

  • Juvenile (EMJ)

  • Catastrophe (EMV) Or;

  • Other (EMO)

Personnel taking missing persons reports for those age 20 and under and adults with one or more endangerment factors will attempt to obtain the minimum data elements within two hours of initial contact:

• they will contact RFB NCIC section immediately after obtaining the minimum data elements for NCIC entry

1. The NCIC record number (NIC) must be added to the P1 records management system and/or CAD by the report take (patrol officer, law enforcement support technician, detective, etc.) to indicate entry was completed

2. Missing persons reports for all juveniles, adults ages 18-20, and adults who meet requirements for entry into NCIC must contain the NIC number from NCIC. The nic number will be added to the person information portion of the missing persons under the OTHERS tab in p1

• After initial entry with the minimum data elements, a report must be completed, and any additional information obtained must be added to the existing NCIC record in a timely manner.

• If juvenile is located, the report must be completed and the NCIC record canceled by contacting RFB’s NCIC section

Procedure

• when a PR files a report, either at RFB or police station or via phone to RFB, the report taker will determine if it requires immediate officer response

• If PR alleges another crime occurred, an additional event number will be obtained and kept separate from the missing perosn/runaway report.

Procedure

Patrol Officers WILL:

1. Respond to the scene and conduct a preliminary investigation. For any reported missing adult or juvenile, use the information in the First Responder’s Checklist located in the back of the Criminal Offense Handbook

2. Verify the minimum data elements for NCIC entry:

   1. Name

   2. DOB

   3. Sex

   4. Race

   5. Height

   6. Weight

   7. Hair color

   8. Eye color

   9. Date of last known contact

3. Immediately contact RFB NCIC section to verify NCIC entry was completed and obtain the NIC number.

4. Determine if the missing persons meets the Missing Persons Detail callout criteria:

   1. The missing juvenile is 11 years old or younger.

   2. The missing person adult or juvenile, has a documented diminished mental capacity of 11 years old or younger.

   3. The missing person, adult or juvenile, has a physical/medical condition or life-threatening situation that would hinder their ability to care for themselves, posing a significant risk of serious bodily harm or death.

   4. The juvenile (17 years old or younger), is actively suicidal, making a direct threat to harm oneself (e.g. with a weapon, pills, jumper) via phone, text, email, social media (not merely possibly suicidal). For adults age 18 and older, refer to the suicidal subjects section on whom to notify and how to investigate.

   5. The missing child(ren) is involved in a child custody dispute and only if the child(ren) is in immediate articulable danger and a threat to harm has been made. (For further direction, see Criminal Offense Handbook’s specific scenarios)

   6. The missing person has been reported as a lost/overdue hiker

   7. The found person is an adult, has proven guardianship over them, and the guardian cannot be located/contacted.

Procedure

Patrol Officers WILL: (cont)

5. When callout criteria are met, contact the on-duty patrol sergeant to relay details of the call.

   1. Patrol sergeant will contact the Missing Persons sergeant to coordinate callout and any immediate steps that can be taken.

6. Avoid contact Missing Persons Detail for notification unless the callout criteria is met after a preliminary investigation has been completed.

7. If the missing person meets the Missing Persons Detail callout criteria, ensure the NCIC entry reads: “If located, contact the on-call missing persons detective 24/7”

8. In situations where a parent/guardian is missing with their child(ren) and deemed not to be a custody issue, adhere to the following process:

   1. The parent/guardian and child/children will be entered on the same p1 report but as separate NCIC entries

9. If it is determined that the adult has a legal guardianship and diminished mental capacity, speak to the guardian of the missing adult and obtain documentation of the guardianship/medical condition to include in the report.

   1. If the PR claims guardianship and provides proof of guardianship, the PR’s contact info will be entered into the missing person’s SCOPE and NCIC records. The endangerment factors that resulted in the guardianship will also be included in these entries

Procedure

Patrol Officer WILL: (cont.)

10. Complete ICR for all missing persons cases

    1. When a missing report involves a vehicle, the report taker will immediately call RFB’s WVS desk and enter the vehicle information into the P1 report’s vehicle tab if that vehicle is not related to a crime.

    2. When taking a runaway report involving numerous non-sibling juveniles, each runaway receives a separate event number and p1 (to include calls to child haven and the harbor). Multiple runaways can be reported under one report if they have the same parents/guardians or live in the same household (and leave at the same time/together)

    3. If there is a crime reported in addition to the missing person/runaway, a separate report in p1 must be completed under a different event number

11. If the cases remains unsolved and still meets callout criteria contact a supervisor who will then notify missing persons detail

    1. The missing persons detail will be notified during dayshift hours. After hours, the on-call missing persons detective will be notified

    2. The missing persons detail will not be notified if the event does not meet their callout criteria. The missing persons detail supervisor will ultimately make the decision on whether a callout is warranted

12. For all missing persons reports that have and NCiC entry, add the NIC number to the p1 report. This NCIC number will be added to the person information portion of the missing person under OTHERS tab in P1.

Procedure

Patrol Officer WILL: (cont)

13. Remain in contact with their supervisor and/or missing persons detail until the investigation is complete

14. Avoid taking a report for found persons who have not been reported missing. If a person is located who appears to be unable to care for themselves (i.e. age, mental capacity, etc.), complete a preliminary investigation and contact the appropriate criminal investigative unit (abuse/neglect/cps) if the event meets their callout criteria

Suicidal Adults

• If the suicidal subject is an adult but not threatening suicide under volatile circumstances (e.g. subject has not threaten to harm another, is not a danger to the community, nor is a “suicide by cop” threat), officers will conduct a preliminary investigation

• If the suicidal adult is missing, Officers WILL:

1. Use all available resources to locate the missing adult. These steps should be considered:

   1. If the adult has a cellphone, patrol supervisor will request a Kelsey Smith phone ping through Dispatch supervisor

   2. Contact FW for a work up

   3. Add pertinent details into patrol briefing

   4. Hourly broadcast with description of the subject to all area commands (and if vehicle involved)

   5. Obtain latest photo and upload to OnBase

   6. Obtain social media accounts and usernames/passwords

   7. Check area for video

2. Make every attempt to locate the missing adult. If all avenues have been exhausted, Complete a report for missing adult and ensure they are entered into NCIC, to include if they are in possession of a weapon.

Suicidal Adults (cont.)

If missing adult is threatening suicide under volatile circumstances, Officers WILL:

• contact the on-duty or on-call patrol investigations sergeant to respond and assist with the investigation and location of the suicidal adult

Suicidal Juveniles

• If the subject is a juvenile but not threatening suicide under volatile circumstances, (e.g. subject has not threatened to harm another, is not a danger to the community, nor is a “suicide by cop” threat), officers will complete a preliminary investigation

• If the suicidal juvenile is missing Officers WILL:

1. Use available resources to locate the missing juvenile. These steps should be considered:

   1. If the juvenile has a cellphone, patrol supervisor will request a Kelsey Smith ping through dispatch supervisor

   2. Contact FW for a work up

   3. Add pertinent details to patrol briefing Hourly

   4. Hourly broadcast with description of the subject to all area commands (and if vehicle involved)

   5. Obtain latest photo and upload into OnBase

   6. Obtain social media accounts and usernames/passwords

   7. Check the area for video

2. Contact the patrol supervisor to notify the on-call missing persons sergeant

3. Complete a report for a missing juvenile and ensure they are entered into NCIC. Add the following to the NCIC notification: “If located, contact the Missing Persons sergeant 24/7”

Suicidal JuvenilesI

Patrol Supervisor WILL:

1. Notify the on-call Missing Persons sergeant for requested response

Amber Alerts

1. The crime of kidnapping will be investigated by the appropriate detail depending on the circumstances (e.g. patrol detectives/robbery etc.)

2. If there is a need to issue an amber alert, the applicable investigative detail will contact Missing Persons Detail immediately. The Missing Persons Detail will assist the primary investigating section and respond as outlined in the section manual. The Missing Persons Detail does not assume criminal prosecution. An Amber Alert will be activated only when the following criteria are met:

   1. Confirmed abduction

   2. Child is under 18 years old

   3. Threat of serious bodily harm or death

   4. Information on suspect and/or vehicle

3. The NCIC entry must be either “Involuntary” (EMI) or “Endangered” (EME), the Missing Person Code (MNP) field in the entry form must indicate “AA”; and the Missing Person Circumstances (MPC) in field entry form just indicate “S” for “Abducted by Stranger”

4. If there is a Person of Interest (POI) the subject must be entered as. “Person with information” (PWI) using NCIC-missing person-person with supplemental information (LVMPD5 510H) and LVMPD 510I (for supplemental information) in a juvneile’s NCIC entry. The POI is not to be entered as a separate NCIC missing person entry.

5. When the child is located, the Missing Persons Detail will deactivate the AmberAlert as detailed in Missing Persons Detail Manual.

Cancellations

1. All cancellations of missing persons will contain the following info:

   1. Name, address, and phone contact of citizen reporting the cancellation

   2. Reason for disappearance if known

   3. If cancellation is the result of field contact-location and circumstances of contact

   4. If the juvenile was returned home, placed with CPS, CCJH, foster home, or a juvenile facility

   5. Cancellation of any related vehicle information

2. Missing juveniles who become adults (21 and over) do not have to be canceled if they are still missing and can remain in NCIC (there is no policy violation). Their record will automatically reflect on their birthday that they are emancipated. Missing Persons detail has the authority to remove (cancel) them if they decide to

3. For all cancellations, the p1 report must be updated in the case notes to indicate that a cancellation was performed

Patrol Cancellations

• when contact is made with a missing person (juvenile or adult), officers will review the original missing Perosns report and the NCIC record and ensure the following occurs:

1. If the missing person is an adult who has been entered into NCIC, their SCOPE and NCIC records will be reviewed to determine if a guardianship is in place. If a guardianship is in place, officers will attempt to notify the guardian. If contact cannot be made with the guardian, officers will contact the on-call missing persons detective for assistance.

   1. If there is no guardianship in place for an adult missing person, officers will follow procedures as outlined in this policy.

   2. For other assistance unrelated to guardianships, the on-call Missing Persons detective will only be notified on incidents meeting callout criteria as outlined in the communications callout directory or for unusual circumstances not described in this policy.

2. If the missing person is a juvenile, officers will attempt to contact the parent/guardian. If contact cannot be made with the parent/guardian and no criminal charges exist, the juvenile will be transported to Child Haven receiving area at 701 N. Pecos

   1. Juvenile runaways from out of state will be booked into Clark County Juvenile Hall on the child in need of supervision (CHINS) side of court intake, 601 N. Pecos (see LVMPD 4.300 juvenile bookings)

Child Custody Cases

• It is the policy of this department to keep the peace on calls for service regarding child custody/dispute situations.

• In situations where a parent is claiming abduction by the other parent, civil and jurisdictional issues must be considered. If custody rights have been established by a court order, then the adverse party can be investigated as a taking parent (see NRS 200.359)

Child Custody Cases

Officers responding to a call for service WILL:

1. Determine the safety/welfare of the child

   1. If there is an allegation that the child is in imminent danger

      1. Immediately conduct a welfare check at adverse party’s residence

      2. Contact CPS for response, if needed

      3. Contact abuse/neglect detectives if their callout criteria are met (see 6.243 abuse and neglect investigations)

   2. If there is an allegation that the child is endangered but there are not immediate life safety concerns (refer to 6.243 abuse and neglect investigations) and generate a separate event for an abuse/neglect investigation

   3. If probable cause exists for kidnapping for the taking parent (taking parent has no custodial rights), refer to LVMPD 3.320 kidnapping investigations

      1. If it is determined there is a kidnapping, the taking person will be entered into NCIC as a PWI. Abducting parent will not be entered as a separate NCIC missing person entry

         1. The rules for entry of the parent/guardian missing along with child/children as PWI in the NCIC record must meet all conditions listed in the NCIC manual

         2. The missing juvenile will be entered into NCIC as involuntary or endangered and “N” for abducted by non-custodial parent

2. Determine if the PR has a court order establishing custody rights issued by Clark County Family Court

   1. If child is determined safe and the sole issue is. A custody dispute, advise that his is a civil matter and they should follow up with the court. Do not remove children from one parent/guardian to another on child custody disputes alone

      1. The initial contact will be documented in p1 using DETAIN/HIDE/REMOVE CHILD RE CUSTODY MATTER (F) see NRS 200.359.1. A red card with the event number will be provided to the PR. Any subsequent contacts will be documented in CAD and a red card provided (see crim. Offense handbook)

      2. Children will not be entered into NCIC on a violation of custody alone

      3. If a certified pickup order (return order) is presented, refer them to the AG’s Office. LVMPD does not enforce civil orders.

3. If PR has a court order establishing custody rights from a court other than Clark County Family family Court, refer them to the AG’s Office

   1. A red card with the event number will be provided to the PR and details updated in CAD.

4. If a court has not established custodial rights, advise the PR that they must follow up with Family Court and Services, Self-Help Center (601 N. Pecos) to establish custodial rights

5. Avoid contacting the Missing Persons Detail on a child custody case unless it meets callout criteria

Missing Indigenous People

• department members receiving info that an Indigenous Person age 18 or older is missing from an Indian reservation in Nevada will refer the PR to one of the following:

1. Tribal police with jurisdiction over the Indian Reservation from which the person is missing

2. The Nevada Department of Public Safety’s tribal liaison

3. The Missing and Murdered Unit of the Bureau of Indian Affairs’ Office of Justice Services