05-26 Child Abductions Flashcards

1
Q

What is the Rationale?

A

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.

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2
Q

Supervision -

A

 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)

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3
Q

Procedure -
The Criminal Code (CC) sets out the following four (4) abduction–related offences -

A

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.

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4
Q

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.

A

prompt and detailed.

TPS 233A

TPS 233

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5
Q

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

A

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.

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6
Q

Police Officer -
The first police officer SHALL be responsible for

A

conducting the initial investigation, preserving evidence, completing all necessary reports and notifying a supervisory officer of all pertinent facts.

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7
Q

Police Officer - Upon receiving a complaint of a possible abduction involving a person under the age of eighteen (18) SHALL

A

 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

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8
Q

Police Officer - Once it has been determined that the child has been located and is safe SHALL

A

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.

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9
Q

Supervisory Officer -
The supervisory officer SHALL be responsible for the

A

quality and thoroughness of the uniform response.

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10
Q

Supervisory Officer - Upon being notified of a possible abduction involving a person under the age of eighteen (18) SHALL

A

 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

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11
Q

Divisional Detective -
The divisional detective SHALL promptly

A

attend the scene, notify Sex Crimes, conduct a thorough and timely investigation and request activation of the AMBER Alert when appropriate.

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12
Q

Divisional Detective - Upon being notified of a possible abduction of a person under the age of eighteen (18) shall attend the scene promptly

A

 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

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13
Q

Officer in Charge -
The Officer in Charge SHALL ensure an appropriate

A

uniform response, and in the absence of the Detective Sergeant, an appropriate investigative response.

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14
Q

Officer in Charge - Upon being notified of a possible child abduction SHALL

A

 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)

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15
Q

Officer in Charge - When requesting an AMBER Alert based on the criteria outlined in this Procedure SHALL

A

 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

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16
Q

Officer in Charge - Once it has been determined that the child has been located and is safe SHALL

A

 if an AMBER Alert has been initiated, advise the TPOC to cancel the Alert
 ensure the Located/Found section of the Missing Persons details page is completed
 ensure the information is removed from the RCMP Missing Child Registry, if applicable

17
Q

Detective Sergeant -
The Detective Sergeant is responsible for ensuring an

A

appropriate investigative response.

18
Q

Detective Sergeant - Upon being notified of a possible child abduction SHALL

A

 in the case of a non–parental child abduction, ensure a Major Case Manager is assigned to lead and conduct the
investigation in compliance with the Ontario Major Case Management Manual
 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
 co–ordinate the divisional response in conjunction with the case manager
 ensure compliance with Procedure 04–05
 ensure that a divisional detective attends the scene
 assign additional divisional investigative personnel, as required
 ensure the assistance of the INT, Sex Crimes or Detective Operations – Homicide and Missing Persons is
requested, where appropriate
 ensure that a file is maintained in compliance with the Ontario Major Case Management Manual consisting of the applicable reports, a photo of the abducted child, press clippings and all other documents deemed relevant
 ensure that measures are taken to contact agencies outside of Canada, where appropriate
 ensure supplementary information is added to the original eReport, detailing all action taken

19
Q

Investigator – Detective Operations – Sex Crimes - Upon being notified of a possible abduction of a person under the age of eighteen (18), in addition to unit specific policies SHALL

A
  • immediately liaise with the on–call Homicide investigators
  • ensure supplementary information is added to the original eReport, detailing all action taken
20
Q

Detective Sergeant – Intelligence Services
Upon being notified of a possible stranger – child abduction SHALL consult with the

A

investigating officer and offer such support as required.

21
Q

Duty Senior Officer – Toronto Police Operations -
The Duty Senior Officer is responsible for consulting with the

A

investigating officer and contacting the Chief of Police or designate to receive authorization to activate an AMBER Alert when appropriate.

22
Q

Duty Senior Officer – Toronto Police Operations - Upon being notified of an abduction of a person under eighteen (18) years of age SHALL consult with the

A

investigating officer to determine if an AMBER Alert should be initiated.

23
Q

Duty Senior Officer – Toronto Police Operations - If after consultation with the investigating officer it is determined that an AMBER Alert should be initiated SHALL contact the

A

Chief of Police or designate.
 The Chief of Police or designate will make the final decision whether to initiate an AMBER Alert.

24
Q

Duty Senior Officer – Toronto Police Operations - Upon authorization from the Chief of Police or designate to initiate an AMBER Alert, SHALL ensure

A

 a Ontario Amber Alert – Request for Activation is completed with as much information as possible, keeping in mind that additional supplementary information can be provided at a later time as it becomes available
 the Ontario Amber Alert – Request for Activation is forwarded by facsimile or electronic mail to the Duty Officer – OPP GHQ, requesting the activation of an AMBER Alert

 The RCMP Missing Child Registry can be accessed by calling toll free to 1–877–318–3567. The automated system will assist investigators in notifying federal law enforcement agencies in both Canada and the U.S. including all border points.

25
Q

Duty Senior Officer – Toronto Police Operations - Once it has been determined that either the child has been located and is safe, or the duration time of the AMBER Alert has expired and no extension has been requested, SHALL

A

 ensure the Duty Office – OPP GHQ is notified
 ensure supplementary information is added to the original eReport, detailing all action taken

26
Q

Definitions - Child

A

means a person younger than eighteen (18). [Source: Child, Youth and Family Services Act, ss. 2(1)]

27
Q

Definitions - Custody Order

A

means an order of the Court (Ontario Court of Justice), which sets out the particulars of who SHALL have custody or access to a child and under what circumstances.

28
Q

Definitions - Non-Parental Abduction

A

means the unlawful removal of a child by a person other than a parent, guardian, or person having lawful care or charge of the child.

29
Q

Definitions - Restraining Order

A

means an order of the Court (Ontario Court of Justice), which restrains one parent from having contact with the other parent and/or children. This could also include restraining both parents from having contact with their children.

30
Q

Definitions - Royal Canadian Mounted Police (RCMP) Missing Child Registry

A

means the national registry created and maintained by the Royal Canadian Mounted Police (RCMP) to compile data on missing and abducted children. The Toronto Police Service supports the registry and encourages officers to forward pertinent information to the RCMP to assist in matters of both parental and non–parental abduction.

31
Q

Definitions - Window of Opportunity

A

means the interval between the time the missing person was last seen and the time they were believed to be missing.