RunawayProcedures

Runaway Procedures

Back to List

FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008

Policy Number
Policy 10-12

Reevaluation Date
2011

No. of Pages
11

Subject

RUNAWAY PROCEDURES

Special Instructions:

Replaces current policy Section II, Chapter X-B, dated 04-01-05

PURPOSE

The purpose of this policy is to establish responsibility and procedures for the handling of juvenile runaway complaints.
POLICY

The policy of the Fox City Police Department is to investigate all runaway complaints, determine the proper disposition of runaway complaints, hold those who harbor runaways accountable, and assist and attend to youth in a community effort to reduce the incidence of runaways and the incidence of juvenile crime. There is no waiting period for reporting a runaway.
CRITERIA
1. Runaway
2. 1. The person is under 18-years of age
  2. The person is absent without the permission of the parent, guardian, legal custodian, or other person with legal authority to report the juvenile missing
  3. The person is voluntarily missing, and
  4. The person’s whereabouts is unknown
3. Missing
  
  When a person’s whereabouts is unknown and unexplainable for a period of time that knowledgeable parties regard as highly unusual or suspicious considering the person’s behavior patterns, plans, or routines
4. Missing-Critical
5. 1. May be the subject of foul play
  2. Because of age (young or old) may be unable to properly safeguard or care for themselves
  3. 3Person suffers from diminished mental capacity or medical conditions that would place the person in danger if left untreated or unattended
  4. Person is a patient of a mental institution and potentially dangerous to himself or others
  5. Person is potentially suicidal
  6. Person may have been involved in a natural disaster or some type of sporting accident such as boating or swimming
6. Harboring Minors
  
  No owner, tenant, or person in control of a residence or other facility shall allow or permit a child under the age of 18 to loiter, idle, or remain in said residence or upon said property without the consent of the child’s parent, guardian or spouse (Fox City ordinance 27.403).
PROCEDURES
1. Jurisdiction and Reporting Procedures
2. 1. A runaway report can be taken and an NCIC entry made for any juvenile who runs away while in Fox City (regardless of whether or not the juvenile is a Fox City resident).
  2. Under special circumstances, such as a department refusing to take the report or at the direction of the shift commander, an officer may take the report of a juvenile runaway where the juvenile did not run away while in Fox City. The report will then be forwarded to the appropriate law enforcement agency.
  3. For runaways from Shelter Care or other juvenile residential facilities, follow the attached flowchart to determine jurisdiction. Even though Fox City officers may not take the report, officers may check the area for reports of runaways that just occurred.
4. Authorized to Report a Juvenile as a Runaway
5. 1. A parent or foster parent
  2. Legal guardian
  3. Any adult relative if that relative is entrusted with the care of the juvenile by the juvenile’s parent or guardian
  4. A group home or Shelter Care employee.
  5. A person other than the above, with the approval of a supervisor, may report a juvenile as a runaway.
6. Uncontrollable Juvenile / Discipline Problem
  
  A parent/guardian in need of additional assistance and resources in dealing with a problem juvenile may be referred to the Access Unit of the Foxmoore County Human Services or Family Services – Crisis Center for an immediate intervention.
7. Runaway Reporting Procedure
8. 1. Telephone reports may be taken for runaway incidents during times when the front desk is staffed. However, an officer will be dispatched in the following situations:
  2. 1. First-time runaways
    2. Runaways under 12 years of age
    3. 5th and subsequent runaways
  3. When taking the report of a runaway juvenile, the officer or call taker should use the following guidelines to establish information about the juvenile:
  4. 1. Verify the juvenile is actually missing.
    2. Confirm both the custody status of the juvenile and the legal authority of the person reporting the juvenile as a runaway.
    3. Establish the details of the disappearance.
    4. Ask the reporting party about the child’s possible location and a companion(s).
    5. Determine when, where, and by whom the runaway juvenile was last seen.
    6. Obtain a detailed description of the runaway child including scars, birthmarks, piercing and tattoos, his/her clothing, companions, and possible vehicle(s).
    7. Determine what school the juvenile attends.
    8. Determine if the juvenile has a county social worker.
    9. Ask about specific health concerns the juvenile may have.
    10. If an officer is on scene, the officer should request permission of the reporting party to examine the home and the child’s bedroom for possible clues of where the juvenile might have gone.
  5. For telephone reports, the reporting person will be asked to respond to the police department to sign the Missing Person Certification form. Officers on the road can have the complainant sign the form while on scene. Within a reasonable timeframe and pending the circumstances, a Missing Person Certification form must be signed. It is not mandatory, however, to have the missing person certification form signed prior to entering the juvenile into NCIC. (In the case of Shelter Care or a Group Home, a pre-signed form is on file at the front desk. If it is not, the reporting person will be asked to fax a signed form to the police department.)
  6. The reporting person will be advised of his/her responsibility to immediately contact the police department when the juvenile returns.
  7. The reporting person will be advised of his/her responsibility to arrange transportation home of the juvenile once the juvenile is located.
  8. The reporting person will be advised he/she is responsible for any expenses associated with lodging the juvenile in the event the reporting person is unable to be contacted to pick up the juvenile.
9. Required Paperwork
10. 1. Case report
  2. Missing Person Certification form
  3. NCIC Missing Person Worksheet (NCIC form).
  4. 1. Complete this form with the known information.
    2. The front desk personnel or TTY operator in the communications center will enter the juvenile into CIB/NCIC system. The completed worksheet with the original TTY will be placed with the file.
11. Follow-up on Active Runaway Complaints
12. 1. Records Division personnel will fax the preceding day’s runaway reports to the Crisis Center Runaway Project.
  2. Records Division will make a copy of the report and forward it to the School Resource Officer of the school that the child attends if the child runs away during the school year. When school is not in session, a copy of the report will be forwarded to the community police officer from the juvenile’s home area.
  3. If any circumstances change, it is appropriate to have the NCIC runaway entry modified to reflect “Missing – Endangered;” follow the provisions of the Missing Persons policy.
  4. After 30 days, follow the subsequent procedures for active runaways.
  5. 1. The validation clerk will send a 30-day packet via registered mail to the person who reported the juvenile as a runaway and request he/she furnish medical, dental, and eye doctor records for NCIC entry.
    2. A supervisor from the Detective Division will review the case and, if appropriate, notify the National Center for Missing and Exploited Children and the Wisconsin Clearinghouse for Missing and Exploited Children.
13. Closing Runaway Cases
  
  Officers should take the following steps to close a runaway case regardless of the offense.
14. 1. If the juvenile returns to the parent/guardian/legal custodian while outside of Fox City without police intervention or apprehension, the Fox City Police Department will request assistance from the jurisdiction where the juvenile was located to verify the juvenile’s return and the NCIC entry will be cancelled. Report details will document the specifics of the juvenile’s return, including the name of the officer in the other jurisdiction verifying the return home and any other information necessary.
  2. If a juvenile returns to his or her parent/guardian/legal custodian within Fox City without police intervention or apprehension, an officer will respond to the juvenile’s location and document the juvenile’s return and circumstances of the return with details for the original report for the first offense runaway and a runaway under 12 years of age.
  3. When investigating juvenile runaways who have returned home, officers may use the following steps as a guideline in their investigation.
  4. 1. The officer may interview the parent/guardian/legal custodian and the juvenile to determine the circumstances around the juvenile leaving, returning, and the juvenile’s activities while he/she was away.
    2. If the officer determines there is abuse or neglect occurring, the officer shall conduct an appropriate investigation and notify Child Protection.
    3. If the juvenile is unwilling to stay at home, or there appears to be a need for intervention in a dispute between a parent and a child, the officer shall transport the juvenile to the Crisis Center.
    4. The officer will initiate NCIC cancellation with either TTY or the front desk.
    5. Records will forward a copy of the follow-up report to the Crisis Center Runaway Project.
15. Runaways Apprehended by the Fox City Police Department
16. 1. Officers should confirm the juvenile’s runaway status through TTY with the agency that initiated the runaway report.
  2. Officers should investigate the circumstances and determine if the runaway was harbored while he/she was missing. If statements, prior contacts, prior warnings of non-consent by parents/guardian, or other evidence that a violation of Harboring Minors, Ord. §27.403 has occurred, a citation shall be issued unless there are exceptional circumstances.
  3. The officer taking the juvenile into custody shall make every effort to notify and release the juvenile to the parent, guardian, or legal custodian.
  4. Officers may transport the juvenile home if the juvenile lives in Fox City and the complainant is unable to pick up the juvenile. Under special circumstances, officers may transport juveniles home outside of Fox City, but only with supervisor permission.
  5. If circumstances prevent the juvenile from returning home, seek a suitable alternative such as placement in a relative’s home.
  6. In cases where an officer has attempted to mediate the return home of the juvenile without success, and all other attempts to release the juvenile are unsuccessful, the officer will transport the juvenile to the Crisis Center.
  7. If the officer determines there is abuse or neglect occurring in the home, the officer shall conduct an appropriate investigation and notify Child Protection.
  8. It is the officer’s responsibility to see to the canceling of the NCIC entry for runaways from Fox City. Runaways from other jurisdictions will be cancelled from NCIC by the jurisdiction that reported the juvenile as a runaway.
  9. For Fox City runaways, the officer will complete report details, with the original case number, that document the return of the juvenile and the results of the interviews with parent/guardian(s) and the juvenile.
  10. If the officer has a runaway in custody from an agency outside of Foxmoore County, and the officer is advised that the parent/guardian/legal custodian or law enforcement agency will not take immediate custody of the juvenile or their geographic location would impede the release of the juvenile in a reasonable amount of time, the officer should take the following steps:
  11. 1. Contact the juvenile intake worker in the jurisdiction that reported the juvenile as a runaway. This contact should be made directly or through the originating law enforcement agency. The intake worker will determine the release or placement of the juvenile.
    2. 1. If the intake worker authorizes placement, contact Fox City Juvenile Intake to facilitate placement in Shelter Care or Secure Detention.
      2. If the intake worker of the jurisdiction that the juvenile ran away from will not authorize placement, contact Foxmoore County Juvenile Intake to facilitate the placement of the juvenile. Officers cannot just ‘release’ a juvenile because the reporting jurisdiction will not authorize placement.
    3. A case report is required to document the apprehension.
17. Inter-Jurisdictional Runaways
  
  Through a cooperative agreement, law enforcement agencies in Foxmoore County will attempt to assist each other in the handling of juvenile runaway apprehensions.
18. 1. The law enforcement agency that has a juvenile runaway in custody will attempt to contact the juvenile’s parent/guardian after the agency has confirmed the juvenile’s runaway status. If the officer is unable to determine who the parent/guardian is, the officer will contact the reporting jurisdiction for more information. Once contact is made, the parent/guardian should respond to take custody of the child.
  2. In the event that the parent/guardian is unwilling or unable to respond and take custody of the juvenile, arrangements should be made to transfer the custody of the juvenile to the agency that entered the juvenile into NCIC. A Fox City officer will be dispatched to take custody of an apprehended Fox City runaway from another jurisdiction if requested.
19. Fox City Runaway Is Apprehended Outside of Foxmoore County
20. 1. Dispatch an officer to the station to contact the law enforcement agency that has the juvenile in custody.
  2. The officer will notify the parent/guardian/legal custodian that the juvenile is in the custody of another agency, and advise them to take custody of their juvenile at that location. Then put the parent/guardian/legal custodian in contact with the law enforcement agency that has the juvenile.
  3. If the parent/guardian/legal custodian is unavailable or unwilling to take custody of the juvenile, the officer will contact Foxmoore County Juvenile Intake for placement instructions.
  4. It is the responding officer’s responsibility to see to the cancellation of the NCIC entry.
  5. If the location of the apprehension would hinder an officer’s intervention, the shift commander will forward the case to the appropriate patrol or liaison officer to follow up.
  6. The officer will document the incident with details attached to the original report.
21. Habitual Runaways
  
  Habitual runaways present a problem for the entire community, including the children themselves. They are more likely to become involved in criminal behavior and/or be victimized while they are runaways. In an effort to provide a more aggressive intervention and reduce the number of juvenile runaways, our department will take the following steps:
22. 1. When a child that was reported as a fifth and subsequent runaway is located, the child should be cancelled as a runaway. It should be noted on the report the number of times the child has run away. The supervisor of the Juvenile Division will review the report and determine if an officer will be assigned to follow up with the family to see if a referral under WI Statute 938.13 (7) Juvenile In-need of Protection or Services (JIPS) - Habitual Runaway is needed.
  2. The following information should be used by the supervisor to determine if enough probable cause is available to meet the elements of WI Statute 938.13 (7) JIPS – Habitual Runaway. As much of the following information should be documented in the original report taken by officers to assist in determining if the juvenile is in need of protective services.
  3. 1. How many times has the child run away, and is the child involved in other criminal acts while at home or while a reported runaway?
    2. Does the child have a caseworker or is the child currently under some type of supervision or deferred prosecution agreement? Call juvenile intake during business hours to see if a child is under supervision.
    3. Is it suspected that the child has alcohol or other drug abuse issues?
    4. Has the family attempted counseling, involving themselves, the child, significant others, etc. for a period of time, and do they feel further attempts would be unsuccessful?
    5. A detailed account is needed of the service provided to the child and, if available, any documentation available regarding the number of sessions attended, the treatment plans, appropriate discharge planning. It is not enough for a parent just to say, "We can’t control the child."
    6. An acknowledgement by the parents/guardian that they will be willing to sign a petition requesting jurisdiction of the court. The parents/guardian should be informed that they are subjecting themselves, as well as the child, to the jurisdiction of the court. This means that the court may order the parent and other adult household members to pay for a variety of services, including family therapy and AODA treatment.
23. Missing / Endangered Juveniles
  
  A juvenile will be considered “missing-endangered” and the matter will be handled as specified in the Missing Persons policy if any of the following criteria are met.
24. 1. The abduction is by a family or non-family member, or there is evidence or a suspicion that the disappearance is in anyway involuntary.
  2. The juvenile has a confirmed physical/mental disability that could subject him/her or others to personal or immediate danger.
  3. The juvenile is in the company of another person under circumstances indicating that his/her physical safety is in danger.
  4. The circumstances of the case strongly indicate likely abuse and sexual exploitation of the juvenile.
  5. A juvenile is missing after a disaster, but has not been confirmed deceased.

This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.