SD7 - Missing Children

  • Published: 1985
  • Author: Division for Children
  • Enabling Authority: Senate Joint Resolution 60 (Regular Session, 1984)

Executive Summary:
The 1984 General Assembly passed Senate Joint Resolution 60 mandating that the Division for Children study the missing children problem. The Division was directed to focus on "federal legislation in conjunction with Virginia laws and to include coordination of federal and state agencies, and review of possible preventive measures that may be taken in the Commonwealth."

In acknowledgement of the scope of the missing children problem, and in keeping with the directive of the legislature, the Division for Children consulted with federal and state agencies and established a Task Force including legislators, federal and state agency representatives, and representatives of selected agencies, services, and programs that could, by the nature of their work, ,offer a unique perspective on the problem.

Federal and state agencies that were consulted, or represented on the Task Force, included the Federal Bureau of Investigation, the National Center for Missing and Exploited Children, and the following state agencies: Department of Criminal Justice Services; Department of Social Services; Department of Education; Department of Mental Health and Mental Retardation; and the State Police. A listing of the full membership of the Task Force on Missing Children is included in appendix I.

Three types of missing children were identified in this study: those abducted by strangers, those abducted by non-custodial parents, and those who run away from home. In Virginia, runaways constitute approximately 96 to 97 percent of the missing children reported to the State Police. Most runaways are adolescents who, generally, do not enjoy the level of public concern which is frequently aroused in response to the problems of younger children. Many are attempting to escape physical, sexual, or emotional abuse. Some become the victims of pedophiles, pornographers, pimps, and pushers. When the murder and molestation of abducted children are added, the total picture of the exploitation of missing children becomes almost overwhelmingly gruesome.

Findings

The missing children problem has moved into prominence nationally and in the states very recently. The first significant federal legislation addressing the problem was passed in 1982, i.e. the Missing Children Act. Although the National Crime Information Center has maintained a computerized file on missing persons, including missing children, since 1975, it was not until the Missing Children Act was enacted that searching parents could have full access to the National Crime Information Center. Enactment of the Act had little impact in Virginia, because the Virginia Crime Information Network was already cooperating effectively with the National Crime Information Center; however, significant increases were noted in the use of the Center by other states.

The most comprehensive federal legislation (The Missing Children's Assistance Act) was passed by Congress on October 11, 1984. A major provision of this Act is to demonstrate support for the existing National Center for Missing and Exploited Children and to provide grants for additional prevention and recovery programs. The grants will be administered by the Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice. There is no direct entitlement of funding to the states, nor does the Act assign any specific functions to the states.

The Federal Parental Kidnapping Act of 1980 addressed the problem of children being "snatched" by one parent and concealed from the other in custody disputes. The use of the Federal Parent Locator Service (FPLS) was authorized for use in finding these abducting parents. The Federal Parent Locator Service is operated by the U.S. Department of Health and Human Services, which also supports the National Runaway Switchboard to provide counseling and referral services to runaways.

While Virginia has no laws relating exclusively to missing children, sections of the Code address aspects of the problem: abduction by strangers under certain circumstances, abductions by parents, and sexual abuse of children.

Parents of missing children often display considerable lack of understanding of the ability of law-enforcement agencies to assist them. Many mistakenly believe that the FBI is now authorized to investigate all cases of missing children and that local law-enforcement agencies have the necessary resources to conduct extensive search efforts in response to every report of a missing child they receive. Some parents find that their local police or sheriff's department will not even accept a missing child report until 24 to 48 hours have elapsed, and must discover that a comprehensive recovery operation can be initiated only when there is clear evidence that the child is in danger.

Evidence points to the need for uniform reporting procedures for law-enforcement agencies and greater public awareness of the responsibilities of law-enforcement agencies in handling missing children's cases.

In general, there is wide variation between local law-enforcement agencies in the policies for dealing with, and the priorities assigned to, missing and exploited children. Most law-enforcement officers receive little, if any, training to prepare them for dealing with these children. These factors compound the problems of recovery efforts which require the sharing of information and other resources across jurisdictional boundaries.

Although the Commonwealth requires most children to attend school and regulates the operation of many other child-welfare agencies, there is currently no requirement to investigate the criminal backgrounds of thousands of individuals who have intimate daily contact with children. It is probably safe to assume that most of these persons are concerned about the best interests of the children with whom they work, but it is also possible that convicted child abductors and molesters would find these positions attractive. Additionally, schools are not required to notify a parent if a child does not report to school as scheduled. This could result in the loss of 6 to 8 hours of valuable time in the event that a child is abducted on the way to school.

The study established a strong link between missing and exploited children. Children who are abducted or molested are often further traumatized by the law-enforcement and judicial proceedings which attempt to bring the offender to justice. Several states have enacted statutes which allow for video-taped statements of such child victims to be used in conjunction with court appearances in order to minimize for the child the adverse impact of having to repeatedly relate the details of a horrifying experience. This protection is not currently available to Virginia children, and, in fact, some courts have interpreted case law to allow for the automatic exclusion of the testimony of any child under a certain age. This practice could create situations in which those who prey upon some of the most vulnerable of crime victims would never be brought to trial.

A major concern identified in the study is the public outrage which has been expressed in some communities over seemingly lenient sentences received by convicted child molesters. Because of the inaccurate negative stereotype of a child molester held by many people, it has been possible for certain offenders who have previously enjoyed positive reputations to divert the attention of the courts from the magnitude of their crimes. The fact that the defendant can make statements and present witnesses on his own behalf during sentencing hearings, but that no opportunity is provided for the victim or victim's family to personally testify as to the impact of the crime, can contribute to the determination of sentences which do not adequately reflect the enormity of the crimes for which they are imposed.

There is currently no statewide coordination of either prevention or recovery efforts on behalf of missing children and their families. This results in fragmented and ineffective communication of information between localities, reducing the potential for the development and implementation of successful programs. The program (Federal Parent Locator Service) which is designed to help parents locate non-custodial spouses who have abducted their children requires the negotiation of a bureaucratic maze and the payment of a substantial fee ($40.00) in exchange for information which is usually so outdated as to be of little value.

Runaway services in most Virginia communities are available only upon referral from the juvenile courts or social services departments. This means that most runaways must become involved in delinquent behavior or be abused before they are eligible for assistance. A number of law-enforcement officers have expressed both uncertainty over the limits of their responsibility and authority in dealing with runaways and frustration over being asked to search for certain youth repeatedly. In only a few jurisdictions have law-enforcement and social services agencies established cooperative relationships which include appropriate referrals for effective intervention.

Recommendations

The Division for Children recommends that:

1. legislation be introduced in the 1985 General Assembly Session to establish a Missing Children Information Clearinghouse within the Department of State Police (see appendix II, A).

2. statewide coordination of prevention and education efforts concerning missing children be established. This responsibility should be assigned to the Division for Children only if additional resources are allocated to provide the necessary staffing for this activity.

3. the General Assembly request the Governor to proclaim a "Missing Children Week" in Virginia.

4. the General Assembly authorize further study of the problems and needs of runaway and homeless youth in Virginia.

5. A. the Virginia Association of Chiefs of Police and the Virginia State Sheriffs' Association be requested to endorse a model policy statement relating to procedures for handling missing child reports and other juvenile matters for adoption by their members (see appendix III).

B. legislation be introduced in the 1985 General Assembly Session which would prohibit any law-enforcement agency in the Commonwealth from establishing or maintaining a waiting period before accepting a report of a missing child (see appendix II, A).

6. the Department of Criminal Justice Services revise the mandatory basic training curriculum for law-enforcement officers to provide more training in dealing with children who have been sexually abused and in investigating missing child cases.

7. legislation be introduced in the 1985 General Assembly Session to require schools to notify parents when there is no explanation for a pupil's failure to report to school as scheduled (see appendix II, B).

8. legislation be introduced in the 1985 General Assembly Session to require school divisions to report cases in which there is no satisfactory explanation for inability to document a child's age or status in school to the Missing Children Information Clearinghouse for investigation as possibly involving a missing child (see appendix II, e).

9. A. legislation be introduced in the 1985 General Assembly Session to require criminal records checks for school employees and for applicants for child-welfare agency licenses and their employees (see appendix II, D and E).

B. existing provisions for other child-serving organizations to request such records checks be more actively publicized.

10. legislation be introduced in the 1985 General Assembly. Session to allow for video-taping of the pre-trial statements of child victims of abduction and sexual abuse (see appendix II, F).·

11. legislation be introduced in the 1985 General Assembly Session to prohibit the exclusion of testimony of child victims of abduction and sexual abuse solely by reason of age (see appendix II, F).

12. legislation be introduced in the 1985 General Assembly Session to allow for the testimony of crime victims or their parents at sentencing hearings (see appendix II, G).

13. A. the issues of sentencing and treatment of child molesters be given further-study before any changes to existing laws related to those areas are introduced.

B. the Parole Board emphasize the importance of careful monitoring of any activities which might place parolees who have been convicted of crimes against children into contact with children.