Chapter 4 : Section 9
Locating Children Abducted from State Custody
Policy
The Department shall take immediate action to locate a child who is a ward of the court, placed in the care, custody, and control of the Department and who is missing or abducted.
A child in care is considered abducted when a person takes, entices or keeps the child from the lawful custody of the Department, or intentionally fails or refuses to immediately return or impedes the immediate return of the child to the Department.
The Department shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth, to:
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law enforcement authorities for entry into the Arizona Criminal Justice Information System (ACJIS) and National Crime Information Center (NCIC) missing person databases; and
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the National Center for Missing and Exploited Children (NCMEC).
Within 24 hours of receiving information that a child is missing, the Department confirms that the child's parents, attorney and/or guardian ad litem, court appointed special advocate, out-of-home caregiver and tribe, if applicable, are given written and telephonic notice of the child's disappearance.
Procedures
When a child in care has been taken, enticed, or kept from the lawful custody of the Department, or an individual intentionally fails or refuses to immediately return or impedes the immediate return of a child in care, immediately contact:
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law enforcement to report that the child has been taken from the lawful custody of the Department of Child Safety pursuant to A.R.S. § 13-1310;
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the DCS Program Supervisor; and
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the Office of Child Welfare Investigations (OCWI).
Contact the OCWI on-call phone for assistance with immediate efforts to locate the abducted child. Provide OCWI with the same detailed information given to law enforcement. See Standard Work Child Abductions OCWI Phone Call for more details about initiating OCWI’s involvement.
OCWI will initiate a Child Abduction Leadership Notification via email to include the applicable Program Manager, Program Administrator, OCWI Deputy Chief, OCWI Chief, the Assistant Director of the Office of Accountability, General Counsel, Assistant Director of Field Operations, Chief Operations Officer, Deputy Director of Administration and the DCS Director.
All further activities should be coordinated with OCWI to minimize the duplication of efforts to locate the abducted child.
If the child remains missing and is not able to be located for a period of 30 days or longer, the DCS Specialist (or other staff as approved by the DCS Program Supervisor) must complete monthly efforts to locate the child as outlined in Locating Runaway Children.
If the child remains missing and is not able to be located for two or more years, the Department shall contact the NCMEC case manager to confirm that an age-progression image has been developed for the child.
Abducted Children, Notification, and Entry into Databases
If the Department of Child Safety has reason to believe that a child in care has been abducted, the DCS Specialist must:
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Immediately notify the appropriate law enforcement agency that the child has been taken from the lawful custody of the Department of Child Safety pursuant to A.R.S. § 13-1310. Provide specific information about the incident including the date, time, location, and concise details about the nature of the child’s abduction.
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Request law enforcement determine if the situation meets AMBER Alert or Silver Alert criteria.
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Provide the law enforcement agency with the mandatory information to enter the child into the Arizona Criminal Justice Information Center (ACJIS) and the National Crime Information Center (NCIC) Missing Person Databases as a missing child. This mandatory information includes:
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name;
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sex;
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race;
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date of birth;
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height;
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weight;
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eye color;
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hair color; and
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date of last contact.
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If known, provide the following additional information to assist law enforcement in locating the child:
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last known address or location;
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Social Security Number;
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Ethnicity;
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personal descriptors including scars, marks, tattoos and other physical characteristics, including a photograph of the child, if available;
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clothing last seen/known to be wearing;
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identifying information on siblings (name, date of birth, Social Security Number);
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significant relationships (including grandparents or other extended family members); and
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current or last school attended.
Immediately notify the law enforcement agency of factors that pose a credible threat of imminent danger, serious bodily injury or death to the child including:
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safety concerns for the child (include the reasons why the child is in care);
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any information that may indicate a youth may be at an increased risk including: pregnancy status, prescription medications, mental health conditions, suicidal ideations, developmental needs, vulnerability to being sex trafficked, and any other health or risk factors;
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the abductor’s prior DCS history;
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the abductor’s mental health state; and
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the abductor’s history of substance use or abuse.
Provide the following information to assist law enforcement in locating the person believed to have abducted the child:
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name;
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sex;
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race;
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date of birth;
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height;
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weight;
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eye color;
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hair color;
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clothing last seen/known to be wearing;
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personal descriptors including scars, marks, tattoos and other physical characteristics, including a photograph of the abductor, if available; and
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description of the vehicle of the person believed to have abducted the child, such as:
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vehicle make,
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vehicle model,
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vehicle style,
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vehicle color,
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vehicle identification number,
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vehicle license plate number,
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vehicle license state,
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vehicle license type, and
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any highly recognizable issues with the body of the vehicle (damage, large areas of rust, bumper stickers, etc.).
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If the vehicle information is not known, DCS may ask the local law enforcement agency to search the Motor Vehicle Division database for any vehicles registered to the person.
If known, provide the following additional information to assist law enforcement in locating the person believed to have abducted the child:
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last known address or location;
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last known phone number; and
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contact information for any known relatives or associates.
Ask the local law enforcement agency to enter the person in the “wanted person file, attempt to locate (ATL)” in the Arizona Crime Information Center Database and the National Crime Information Center Database. Provide the child’s missing person report number to link this person in the child’s missing person file.
When filing the missing child report, request the local law enforcement agency to contact the Child Abuse Hotline if the child is located.
The Missing, Abducted and Runaway Children (MARC) Specialist shall contact the National Center for Missing and Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) to add the missing or abducted child to the missing children database. An online report may be made by visiting: https://cmfc.missingkids.org/reportit.
Ensure the following information is provided to NCMEC when making the report, if available:
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photo of the youth;
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description of the youth's physical appearance; such as height, weight, sex, ethnicity, race, hair color, eye color, and other identifying characteristics; and
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information that a youth may be at an increased risk including: pregnancy status, prescription medications, mental health conditions, suicidal ideations, vulnerability to being sex trafficked, and any other health or risk factors.
If there is a law enforcement coordination issue, the OCWI Manager will notify the OCWI Deputy Chief and/or OCWI Chief who will escalate the identified issue to the DCS Director and/or Assistant Director of Field Operations.
Providing Notification to the Court and Interested Parties
Within 24 hours of the child’s abduction, the DCS Specialist shall contact the duty Assistant Attorney General and request an expedited Motion for Pick-Up. The Department must initiate the Motion for Pick-Up in Guardian and document the circumstances surrounding the child’s abduction in the Addendum Report. Submit the completed Motion for Pick-Up and the attached Addendum Report to the duty Assistant Attorney General to initiate an expedited motion for an order to pick up the child.
Within 24 hours of receiving information that a child in care has been abducted, the MARC Specialist will contact the following, telephonically and in writing, to provide notice of the child’s disappearance from care and to obtain information about the child’s disappearance, unless the primary investigative agency has determined that notice will hinder the investigation or locate efforts:
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the child’s parents;
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the child’s known relatives;
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the child’s attorney and/or guardian ad litem;
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the child’s out-of-home caregiver;
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the child’s court appointed special advocate (CASA);
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a judicial officer in any judicial matter involving the child;
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the duty assistant attorney general; and
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if applicable, the child’s tribe.
The MARC Specialist will also contact the following individuals or entities within 24 hours of receiving information that the child has been abducted to obtain information about the child’s disappearance, unless the primary investigative agency determines it will hinder the investigation or locate efforts:
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the child’s school;
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the child’s friends;
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household members; and
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other person that may have information on the whereabouts of the child.
If the child’s parent(s) or caregiver(s) are suspected of facilitating or having knowledge of the abduction of the child, consult with the OCWI Manager and law enforcement before notifying the child’s parent(s) or caregiver(s).
The DCS Specialist and MARC Specialist will maintain communication to share any information gathered regarding the child’s disappearance and whereabouts.
The MARC Specialist will contact law enforcement every seven calendar days until the child is located or reaches the age of majority and document any information provided and received.
Abducted Child is Located
The DCS Specialist will coordinate with the local law enforcement agency to retrieve the child.
Confirm that the child’s basic needs are immediately met upon their return including:
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safety and protection for the child;
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safe housing;
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food;
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personal hygiene;
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clothing;
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medical care; and
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behavioral health supports.
When an abducted child is located during business hours, the DCS Specialist will complete the following tasks within 24 hours of the child being located:
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Make an in-person contact with the child and determine the need for additional services.
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Obtain a medical exam for any child who has been abducted from DCS custody.
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Determine the need for additional behavioral health services and support.
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Assess the child’s experiences while absent from care, including screening to determine if the child is a sex trafficking victim. Report to the appropriate law enforcement agency if it is determined the child was a sex trafficking victim, within 24 hours.
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Assess factors that contributed to the child’s absence.
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Assess the appropriateness of the child returning to the same out-of-home caregiver and coordinate a living arrangement with the DCS Placement Administration.
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Review the case to assess the primary factors that contributed to the child’s abduction, and to the extent possible and appropriate, respond to those factors in current and subsequent case decisions.
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Notify the appropriate local law enforcement agency and all interested parties to the case that the child has been returned.
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Contact the duty Assistant Attorney General and initiate a motion to vacate the pick-up order once the child has returned to out-of-home care.
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Notify NCMEC’s assigned Case Manager. If the assigned Case Manager is unknown, call NCMEC at 1-800-THE-LOST to obtain name and contact information for the assigned case manager.
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Notify any individuals who received notice of the child’s disappearance that the child has been located.
When an abducted child is located after hours or during weekends or holidays, the On-Call or After-Hours team will complete the following tasks within 24 hours of the child being located:
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Make an in-person contact with the child and determine the need for additional services.
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Obtain a medical exam for any child who has been abducted from DCS custody.
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Determine the need for additional behavioral health services and support.
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Assess the child’s experiences while absent from care, including screening to determine if the child is a sex trafficking victim. Report to the appropriate law enforcement agency if it is determined the child was a sex trafficking victim within 24 hours.
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Assess factors that contributed to the child’s absence.
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Assess the appropriateness of the child returning to the same out-of-home caregiver and coordinate a living arrangement with the DCS Placement Administration.
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Review the case to assess the primary factors that contributed to the child’s abduction, and to the extent possible and appropriate, respond to those factors in current case decisions.
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Notify the appropriate local law enforcement agency that the child has been returned.
The MARC Specialist shall notify all parties that the child has been located.
The DCS Specialist shall:
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Contact the duty Assistant Attorney General and initiate a motion to vacate the pick-up order once the child has returned to out-of-home care.
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Notify NCMEC’s assigned Case Manager. If the assigned Case Manager is unknown, call NCMEC at 1-800-THE-LOST to obtain name and contact information for the assigned case manager.
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Consider the primary factors that contributed to the child’s abduction, and to the extent possible and appropriate, respond to those factors in current and future case decisions.
Documentation
Document in the Missing Person Details tab information regarding the report to law enforcement including the date the youth went missing, the name of the law enforcement agency, the date of the report, the report number, and the name and phone number of the law enforcement point of contact.
Document in Notes ongoing communication with law enforcement, including information provided and received.
Document in Notes notification of all parties, specific attempts to locate the child and information obtained from each party within ten (10) days.
Update the Services/Placement Tab with the child’s current (missing) status and end date this status when the child is found and returned.
Submit a new service request to document the status of the child as Missing. End date the service request when the child is found.
DCS Supervisor
Document that a child is missing and that a law enforcement report has been filed in Notes as a DCS Locate Efforts note type. Document the date, time, law enforcement agency contacted, report number and the name of the specific child, parent, guardian, custodian or other person identified as missing.
If law enforcement does not accept a missing child report, document efforts to make the report in Notes as a DCS Locate Efforts note type including contact made by the assigned Program Manager elevating the decision to the next supervisory level within the appropriate law enforcement agency.
Within 24 hours of a missing child being located, document in Notes indicating that the child has been located and, if the child was located by means other than law enforcement, confirmation that the appropriate law enforcement agency has been notified.
Motion for Pick-Up
P.L. 113-183 Preventing Sex Trafficking and Strengthening Families Act
P.L. 117-348 Trafficking Victims Prevention and Protection Reauthorization Act
A.R.S. § 8-810. Missing children; notification; entry into databases
A.R.S. § 13-1310. Abduction of child from a state agency; classification; definition