Police Department Policy

OAKLAND_O-06_-_Missing_and_Abducted_Persons_485

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER O-6 Missing and Abducted Persons Effective Date: 13 Jan 21 Coordinator: Special Victims Section - Missing Person Unit Page 1 of 12 MISSING AND ABDUCTED PERSONS A. DEFINITIONS A - 1. Missing Person Any person who is reported missing to law enforcement when the person’s location is unknown. This includes a child who has been taken, detained, concealed, enticed away, or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code § 14215). A - 2. At Risk Includes, but is not limited to (Penal Code § 14215): 1. A victim of a crime or foul play. 2. A person missing and in need of medical attention 3. A missing person with no pattern of running away or disappearing. 4. A missing person who may be the victim of parental abduction. 5. A mentally impaired missing person, including cognitively impaired or developmentally disabled. A - 3. Missing Person Networks Databases or computer networks av ailable to law enforcement and that are suitable for information related to missing persons investigations. These include the National Crime Information Center (NCIC), the California Law Enforcement Telecommunications System (CLETS), Missing Person System (MPS) and the Missing Unidentified Persons System ( MUPS). B. POLICY B - 1. Missing Person Priority The Oakland Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The Oakland Police Department gives missing person cases priority over property -related cases and will not require any time frame to pass before beginning a missing person investi gation (Penal Code § 14211). B - 2. Required Forms and Biological Sample Collection Kits DEPARTMENTAL GENERAL ORDER O-6 Effective Date OAKLAND POLICE DEPARTMENT 13 Jan 21 Page 2 of 12 The Investigation supervisor should ensure the forms and kits are developed and available in accordance with this policy, state law, federal law and the California Peace Offi cer Standards and Training (POST) Missing Persons Investigations guidelines, including: 1. Department report form for use in missing person cases 2. Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (Penal Code § 13519.07) 3. Missing person school notification form 4. Medical records release form from the California Department of Justice 5. California DOJ missing person forms as appropriate (See Missing Per son Checklist) 6. Biological sample collection kits B - 3. Acceptance of Reports Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay , as soon as possible (Penal Code § 14211). This can be accomplished by accepting the report via telephone or in- person and initiating the investigation. Those members who do not take such reports or who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211). B - 4. Transmitting Reports to Other Jurisdictions When the Oakland Police Department takes a missing person report on a person who lives outside of this jurisdiction, the Special Victims Section Missing Persons Unit shall , within 24 hours, promptly notify and forward a copy of the report to the agencies having jurisdiction over the missing person's residence and where the missing person was last seen. (Penal Code § 14211( g)). B - 5. School Notification The follow -up investigator assigned to a missing person investigation shall ensure that the missing person's school is notified within 10 days if the missing person is a juvenile. The notice shall be in writing and should also include a photograph (California Education Code § 49068.6). The school shall "flag" a missing child's record and immediately notify law enforcement of an inquiry or request for the missing child's records (California Education Code § 49068.6) . DEPARTMENTAL GENERAL ORDER O-6 Effective Date OAKLAND POLICE DEPARTMENT 13 Jan 21 Page 3 of 12 B - 6. MUPS/NCIC Notification When the missing person is At Risk, the officer shall direct Special Victims Section Intake personnel to enter the person into the California Department of Justice Missing/Unidentified Persons System (MUPS) within two hours (Penal Code § 14211( e)). When a missing person is under the age of 21, the reporting officer shall direct Special Victims Section Intake personnel to enter the person into the California Department of Justice Missing/Unidentified Persons System (MUPS) within two hours after accepting the report ( Penal Code § 14211; 42 USC §5779(a) and 42 USC § 5780(3)(C)). Entering a subject into MUPS automatically notifies the Department of Justice (DOJ) and the Natio nal Crime Information Center (

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.