Missing & Exploited Children: A Basic Overview

1. MISSING & Exploited Children (Basic Overview) TCOLE Course # 3275 AND UNIT TWO BCCO PCT #4 PowerPoint BCCO PCT #4 PowerPoint

2. Learning Objectives Learning Objective 2.1: The participant will be able to differentiate when reporting youth runaway cases is legally required as well as correlate youth runaway populations and risks for potential harm or exploitation. Learning Objective 2.2: The participant will be able to articulate conditions that may lead children to go missing from care as well as the manners in which offenders specifically target this population.

3. Learning Objectives Learning Objective 2.3: The participant will be able to organize an appropriate response to the scene of a missing child with special needs based on best practices for recovery and available resources.

4. 2.1 Runaways 2.2 Missing from Care 2.3 Missing with Special Needs UNIT TWO Section 2: High Risk Populations

5. Activity • Assume the following is true: • You have no identification. You can’t legally get a job. • You are at your residence. Leaving your home after dark is dangerous. You might get jumped, or even sexually assaulted. People have told you that you shouldn’t walk alone in your neighborhood. • You have less than $10 in your pocket. You have no food or water supplies. No vehicle or valuable assets. You don’t have any friends or family who could help you. • In 5 minutes or less, list as many situations as you can think of that would cause you to leave your residence without any plan to return despite all of the above.

6. Thrown-away • Parent or Caretaker: • Asks the child to leave home; • Prevents child from returning home; • Makes no effort to recover runaway child; and/or

7. Thrown away – Cont’d • Parent or Caretaker: • Abandons or deserts child (no adequate care or alternatives arranged for child). See http://www.missingkids.com/en_US/documents/911standards.pdf

8. Risks Faced by Runaways • May resort to illegal and risky activities • Substance abuse • May become a victim of • Violent acts; and/or • Sexual exploitation. See http://www.missingkids.com/en_US/publications/NC74.pdf

9. Risks Faced by Runaways Continued • Become disconnected from • Educational system; • Healthcare; • Housing; and/or • Positive • Social Connections. See http://www.missingkids.com/en_US/publications/NC74.pdf

10. How Many Runaways are Involved in Trafficking? It is difficult to accurately quantify the number of children currently involved in child sex trafficking. But, for the year 2013, the National Center for Missing & Exploited Children found that, 1 in 7 endangered runaways were likely child sex trafficking victims. http://www.missingkids.com/CSTT

11. Law Enforcement Requirements Code of Criminal Procedure Art. 63.009 (a) Local law enforcement agencies, on receiving a report of a missing child or a missing person, shall: (1) if the subject of the report is a child and the well-being of the child is in danger or if the subject

12. Code of Criminal Procedure Art. 63.009 (a) – Cont’d: of the report is a person who is known by the agency to have or is reported to have chronic dementia, including Alzheimer's dementia, whether caused by illness, brain defect, or brain injury, immediately start an investigation in order to determine the present location of the child or person;

13. Code of Criminal Procedure Art. 63.009 (a) – Cont’d: (2) if the subject of the report is a child or person other than a child or person described by Subdivision (1), start an investigation with due diligence in order to determine the present location of the child or person;

14. Law Enforcement Requirements – Cont’d Code of Criminal Procedure Art. 63.009 (a) Local law enforcement agencies, on receiving a report of a missing child or a missing person, shall: (3) immediately, but not later than two hours after receiving the report, enter the name of the child or person into the clearinghouse, the national crime information center [NCIC] missing person file if the child or person meets the center's criteria, and the Alzheimer's Association Safe Return crisis number, if applicable, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the missing child or missing person; and

15. Law Enforcement Requirements – Cont’d Code of Criminal Procedure Art. 63.009 (a) Local law enforcement agencies, on receiving a report of a missing child or a missing person, shall: (4) inform the person who filed the report of the missing child or missing person that the information will be entered into the clearinghouse, the national crime information center missing person file, and the Alzheimer's Association Safe Return crisis number, if applicable.

16. High Risk Factor Missing Juvenile - High Risk Factor [Senate Bill 742] also enacted changes to TCIC [Texas Crime Information Center] reports of certain missing persons, specifically missing juveniles. Article 63.0091 (CCP) requires DPS to adopt rules regarding procedures for local law enforcement agencies on receiving a report of a missing child who Information provided by Texas Department of Public Safety

17. High Risk Factor – Cont’d Missing Juvenile High Risk Factor • Has been reported missing on four or more occasionsin the 24-monthperiodpreceding the date of the current missing person report; or

18. High Risk Factor – Cont’d Missing Juvenile - High Risk Factor – Cont’d: • Is in foster care or in the conservatorship of the Department of Family and Protective Services (DFPS) and had been reported missing on two or more occasions in the 24-month period preceding the current missing person report.

19. High Risk Factor – Cont’d There may be instances when the entering agency is unaware of whether or not the missing person meets the requirements above, due to the two hour requirement for entry of missing persons. The original entry should be modified as soon as this information becomes available to the agency. Compliance with this policy will be assessed at the time of the agency’s TCIC audit. Information provided by Texas Department of Public Safety

20. High Risk Factor – Cont’d Acceptable documentation for Category 1 consists of copies of prior missing person reports and/or written statements from parents, legal guardians, family members or other sources confirming prior incidents. Information provided by Texas Department of Public Safety

21. High Risk Factor – Cont’d Acceptable documentation for Category 2 consists of copies of prior missing person reports from law enforcement and/or written statements from parent, legal guardian, family member or other sources confirming prior incidents, in addition to a written statement from parent, legal guardian, family member, the Department of Family and Protective Services or other source confirming the missing individual is in foster care or in conservatorship.

22. High Risk Factor – Cont’d To facilitate this entry, TCIC has added a new field to the missing person screens. The High Risk Indicator (HRF) values will be 1 and 2 respectively with a default value of blank. Information provided by Texas Department of Public Safety

23. High Risk Factor – Cont’d Entry into this field will require specific text to be included in the MIS field: • HRF/1 will require “High Risk” and • HRF/2 will require “High Risk Foster Care”. It is important to note that this new field is a TCIC only field and will not be sent to NCIC. Message keys effected: EMJ, EMJC, MM

24. If it’s so dangerous, why do kids run?

25. For these youth, 85% experienced abuse while still living at home. See also http://www.acf.hhs.gov/sites/default/files/opre/sex_abuse_hmless.pdf

26. Youth reporting a prior history of sexual abuse: Person identified by youth % 66% See http://www.acf.hhs.gov/sites/default/files/opre/sex_abuse_hmless.pdf

27. Online Luring Case Study • 14 year-old in Houston using social media. • 25 year-old trafficker sends her a bus ticket to Amarillo. • 600+ miles travel alone. • To sell her for sex, he beats and tases her. • Routine traffic stop by local law enforcement leads to her identification. See http://www.cbs7kosa.com/news/details.asp?ID=33997

28. Activity Imagine yourself at home in the evening on a regular weekday night. You have just had dinner when an official arrives at your door and knocks loudly. The official informs you that you are being evacuated and will have to come with him immediately. Assume that his authority and identification checks out, you have no choice but to follow his commands. He hands you a plastic garbage bag and tells you that you have 5 minutes to grab your essentials. You can only fill the bag; that is all there is room for in his vehicle. He will not tell you where you are going.

29. Activity – Cont’d You have 5 minutes to identify all of the things you would pack. What are your other concerns while you are packing your bag? List the items you would grab. Also list the primary concerns that are going through your mind while you pack.

30. Section 2.2: Missing from Care

31. Missing from Care “A child is considered missing from care if he or she is not in the physical custodyof the child-welfare agency or person or institution with whom the child has been placed.” See http://www.missingkids.com/en_US/publications/NC162.pdf

32. Foster Children Life Experiences

33. The Dangers on the Street “Of the children reported missing to NCMEC in 2012 who are likely child sex trafficking victims, 67% were in the care of social services or foster care when they ran.” -Testimony of John Ryan, CEO of NCMEC

34. Similar findings from LA County • “The majority of young people arrested on prostitution charges in LA County come from the county's own foster care system, according to county officials.” http://www.huffingtonpost.com/2012/11/28/la-teen-prostitutes-foster-homes-county-video_n_2207778.html

35. Similar findings from LA County Continued • Nearly two-thirds had prior social services involvement. • Driving force behind local task force creation. • Learning point: Smaller communities can also form multi-disciplinary task forces.

36. Individual Reasons for Running from Care • To spend time with friends or family. • Unhappy about placement. • Drawn to apparent attractions of street life. See http://www.missingkids.com/en_US/publications/NC162.pdf

37. Individual Reasons for Running from Care – Cont’d Pattern of Behavior: • Personal strategydeveloped to respond to feelings, trauma, or victimization. • Learned reaction to imposed restrictions.

38. System-BasedReasons for Running from Care Resources: • Inadequate monitoring of placements or inadequatetraining. • Inadequate staffing or frequent turnover. See https://www.childwelfare.gov/pubs/factsheets/foster.cfm

39. System-BasedReasons for Running from Care Resources – Cont’d: • Lack of placement resources. • Just under 400,000 children in the U. S. in foster care on September 30, 2012. 

40. Prevention • Prepare child for new placements & provide mutually acceptable solutions wherever possible. • Assist children in developing problem-solving and coping skills See http://www.missingkids.com/en_US/publications/NC162.pdf

41. Prevention…Cont’d • Encourage children to have a strong connection with at least one adult outside the foster home (teacher, counselor, mentor, but must be someone with supervision and a backgroundcheck).

42. Prevention…Cont’d • Prevention can happen anywhere: at a formal training or school event, during extracurricular activities, or on the street interacting with youth. • Encourage checking in on a regular basis. See http://www.missingkids.com/en_US/publications/NC162.pdf

43. Prevention…Cont’d • Inform children of risks & alternatives to running away. • Especially challenge street mythspushed by recruiters, gangs or adult “boyfriends.” FACT……Vs…..MYTH

44. Texas Foster Care Case Study • 13 year-old girl runs from foster care. • Goes to a vacant apartment to live with friend. • Boys at a party wants to have her perform oral sex. Johnson v. State, 2011 Tex. App. LEXIS 954 (Tex. App. Houston 1st Dist. Feb. 10, 2011) (appeal denied).

45. Texas Foster Care Case Study Continued • She refuses, so they beat her. • She leaves the party alone & injured. • She meets a 35 year-old man nicknamed “Golden” on the street. • Golden takes her home, treats her wounds and has oral sex with her (no legal consent possible).

46. Texas Foster Care Case Study Continued • He asks her to prostitute for him. • She is picked up by undercover officer who uses her to set up “Golden”. • He receives a 20 year sentence for compelling prostitution. Johnson v. State, 2011 Tex. App. LEXIS 954 (Tex. App. Houston 1st Dist. Feb. 10, 2011) (appeal denied).

47. Learning from the Case Study: Suppose you encountered the victim on the street after she met “Golden”: • What basic information will you try to collect from the child? • What additional leads might you follow to identify the victim in this case?

48. Suppose you encountered the victim on the street after she met “Golden”: • What agencies can you contact to try to verify child’s name, age and history? • If you determine the child is in an unsafe situation, what steps do you follow? • What are important physical details and evidence to document and/or collect? • Who are potential witnesses who will need to be interviewed?

49. Section 2.3: Children with Special Needs

50. Violent crimes against young people with disabilities (2012) “Nonfatal violent crimes include rape, sexual assault, robbery, aggravated assault, and simple assault.” http://www.bjs.gov/content/pub/pdf/capd0912st.pdf