Child abductions: nightmares in progress.

"Where's my baby?" A young mother's frightened cry shatters the tranquility of a lazy summer afternoon at a local park. Confusion reigns as many of the crowded park's visitors begin to look for the 2-year-old toddler who has disappeared. Someone finally thinks to call the police. After calming everyone down and establishing intelligible communication, the responding officer identifies an area that none of the well-meaning volunteers had thought to search. A quick visual examination of the location, coupled with years of experience, enabled the officer to identify a particular spot that needed a closer look. Walking to the site, the officer finds the child peacefully sleeping on a lush patch of comfortable green grass. All ends happily with the sobbing young mother reunited with her confused, half-awake baby.

Although this scenario does not describe a particular incident, all law enforcement officers who have worked uniform patrol undoubtedly can relate to it. When a child or loved one goes missing, fear, stress, and confusion often combine to create panic and hysteria. Investigating officers must work through all of these emotions to uncover facts that will allow them to draw proper conclusions that can lead to the recovery of the missing person.

Investigative Responsibility

In today's increasingly technological world, many people's views concerning law enforcement have become distorted by what they see on television. Those unfamiliar with investigations of missing persons often have watched television shows wherein FBI agents respond and take over all manner of missing person cases, which they then successfully resolve within the 1-hour time frame. Many of the general public believe, based on such shows, that the FBI automatically responds to any case involving a missing person. In reality, the local "cop on the beat" usually arrives as the first law enforcement officer on the scene and begins the investigation. At one time, no federal agency had responsibility or jurisdiction to investigate these cases. Kidnapped, lost, or missing people were considered a problem best dealt with by local authorities. This changed dramatically, however, with the kidnapping of Charles Lindbergh's young son in 1932.

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Any student of history or aviation knows that, as the first person to fly solo across the Atlantic Ocean, Charles Lindbergh became one of America's most notable heroes. This was an incredibly brave undertaking. In 1927, planes were not reliable; navigation over water was dangerous because there were no landmarks; and, choosing additional fuel over the weight of a radio, Lindbergh had no way to communicate should problems arise. After his successful flight, the young hero faced all of the positive and negative aspects of becoming immensely famous. Without a doubt, the most heartbreaking result of this notoriety occurred in 1932 when kidnappers abducted the Lindbergh's baby son from a bedroom in their Hopewell, New Jersey, home and left a ransom note. Several days later, the child was found dead. Local authorities in Hopewell and the New Jersey State Police shared jurisdiction for the investigation, which made national headlines. Although both kidnappers were caught, convicted, and executed, the public was appalled that the vast resources of the federal government could not be immediately focused on a case of this magnitude. Congress responded later that year with the passage of the Federal Kidnapping Act, (1) which allowed the use of federal agencies in kidnapping cases.

Little modification occurred in the investigation of missing children from 1932 until 1968. As society changed and divorce became more prevalent, child custody issues took on increasing importance. During a divorce proceeding, one parent normally was awarded custody of the child or children. To change this, all the other parent had to do was go to another state, find a judge to issue a conflicting order that granted that parent custody, and simply not return to the state where the first order was issued. Although the second ruling could be challenged, it was a long, expensive process that often proved unsuccessful. In 1968, the U.S. Congress addressed this with the passage of the Uniform Child Custody Jurisdiction Act (UCCJA), (2) which made the practice of moving to another state for the purpose of changing custody illegal. Unfortunately, conflicting court orders still were issued, causing confusion for law enforcement officers when parents reported their children as missing. Which court order to enforce had to be decided on a case-by-case basis.

The problem of missing children continued to grow. During the 1980s, the federal government enacted several measures that provided law enforcement with tools necessary to investigate these cases. In 1980, Congress passed the Parental Kidnapping Prevention Act (3) to strengthen the UCCJA and allowed states to use the Federal Parent Locator Service to obtain address information on noncustodial parents who abducted their children. This act also authorized the use of the Fugitive Felon Act (4) against these same individuals. In 1982, Congress changed National Crime Information Center (NCIC) rules to allow the entry of missing children into the system. Prior to this, police had to obtain a warrant for the noncustodial parent's arrest. At the time, most jurisdictions considered these cases strictly as civil matters and would not issue warrants, which meant that the vast majority of children taken by a noncustodial parent were not eligible for entry into NCIC. The Missing Children Act of 1982 (5) allowed the entry of these missing children even though the noncustodial parent would not be charged with a crime. Two years later, Congress revisited this issue yet again and passed the Missing Children's Assistance Act (MCAA), (6) creating a national clearinghouse for missing children and authorizing research to determine the extent of the problem within this country. Globalization also has played a role in this field. Congress recognized this and, in 1988, ratified the Hague Convention treaty on missing children with the passage of the International Child Abduction Remedies Act, (7) whereby the U.S. Department of State would become involved in noncustodial parental abductions where the abducting parent takes the victim outside the boundaries of the United States.

As the research ordered by the MCAA of 1984 started to come in, society began to recognize the extent of the problem with missing and exploited children. In 1990, Congress again stepped up and passed the National Child Search Assistance Act (NCSAA), (8) mandating law enforcement agencies to enter each reported missing child (under 18 years of age) into NCIC, including all reported runaways. NCSAA also increased the involvement of the National Center for Missing and Exploited Children (NCMEC) with law enforcement throughout the country. In 1993, those in law enforcement involved in fighting international kidnapping received additional support from Congress with the passage of the International Parental Kidnapping Crime Act, (9) making it a felony for a person to remove a child from the United States in an attempt to interfere with lawful court orders granted in custody matters.

Finally, in 1994, Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, (10) designed to determine the number of sex offenders and provide law enforcement with a readily accessible database with possible suspect information should a child go missing. Later modification under Megan's Law permits law enforcement to provide information on registered sex offenders to the general public, resulting in numerous publicly accessible Web sites. Congress made this act stronger in 2006 with federal penalties for failure to register. In 2007, a national database will begin operating.

An overview of this legislation shows that the focus and extent of this problem has changed dramatically, especially since 1980. However, the law enforcement community still does not know its true extent because NCMEC receives fewer than 200 stranger-abduction reports annually. (11) What the profession has learned from the growing statistics compiled by NCMEC, coupled with supporting legislation passed over the years, is that an ongoing problem exists with noncustodial parental abductions. These crimes--most states consider them felonies--normally are committed against children because the abductors refuse to accept the lawful issuance of a court order. They represent a reprehensible form of domestic violence and should be seen as such.

AMBER Alert 

In 2003, Congress took a monumental step in the fight against child abductions with the passage of the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act, or, more commonly, the PROTECT Act. (12) While arguably the most comprehensive legislation designed to ensure the safety of children ever passed, one segment, however, has garnered the most attention. The PROTECT Act created the AMBER (America's Missing: Broadcast Emergency Response) Alert system, a partnership involving law enforcement, other government agencies, and the news media to produce public service announcements about certain abducted children whose cases meet identified criteria. (13) Those unfamiliar with the system often ask why some children appear more important than others. All children are equally important. In a perfect world, each case would be handled the same, but not all cases lend themselves to the same investigative tools. Sheer volume dictates that the news media cannot become involved in the investigation of all missing children. (14) Moreover, to maintain the intense impact of the alerts, authorities must use them judiciously. Recognizing these realities, those who designed AMBER Alert targeted the stranger abductor. Further evaluation, however, revealed that children often were in more danger from noncustodial parental abductors or other family members than from unknown "bogeymen." Therefore, the system was modified to include the issuance of alerts involving family members.

Dallas, Texas, was the first community to create and use a system involving the media in an attempt to locate missing children. In 1996, a man grabbed 9-year-old Amber Hagerman from her bicycle, threw the screaming child into the pickup truck he was driving, and left the area. Amber was found murdered 4 days later, and her homicide remains unsolved. A concerned citizen contacted a local radio station and suggested that it broadcast missing children alerts similar to those concerning inclement weather. Within 5 years, this commonsense approach to a difficult problem achieved national acceptance.

With the goal of effectively recovering endangered children, how do authorities decide if a missing child fits the criteria specified for broadcast? The U.S. Department of Justice, the organizing agency nationwide, recommends that law enforcement agencies--

* reasonably believe that an abduction has occurred;

* feel that the child is in imminent danger of serious bodily injury or death;

* have enough descriptive information about the victim and the abduction to issue an AMBER Alert to assist in the recovery of the child;

* know that the abducted child is 17 years of age or younger; and

* have entered the child's name and other critical data elements, including flagging it as a child abduction, into NCIC.

While not specified within this list, other issues are implied. For example, the request for the alert must come from a law enforcement agency. A police report must be on file, a requirement for entry into NCIC. A recent picture of the child and an adequate description of the clothing worn when abducted are helpful but not required. And, the abduction must have occurred recently, preferably within 5 hours but possibly as long as 24. Of importance, agencies should remember that no required waiting period exists for entering a missing person into NCIC. Once they receive the report, they can enter the information.

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Finally, AMBER Alert is only one item in an effective investigator's toolbox. After all, child abductors, including noncustodial parents, are dangerous criminals, and officers can employ the same tools to apprehend them as they do any other type of potentially violent offender.

Investigative Suggestions

By its very nature, abduction must take priority over many types of cases. Research has indicated that strangers who commit the offense with the intention of fulfilling a sexual desire often murder their victims within 3 hours. In contrast, noncustodial parents may take the child to use as a weapon against their former significant other. So, in either situation, time may be very short. The person responsible for the investigation must be called immediately to the scene. No agency would assign a homicide investigator a case the next morning and then reconstruct the incident from police reports. Abductions can be even more complex than some murders. With all criminally violent suspects, law enforcement officers employ proven methods to locate them. All of these and more also come into play during the investigation of an abduction.

Just as with any other investigation, however, the best efforts by law enforcement may not lead to a quick resolution of a case. If the incident is a stranger abduction, law enforcement administrators must be prepared for the anger of the family to be redirected toward their agency. These family members are hurt and, especially if the victim is not recovered, need closure. When this is lacking, they react like any other human being and find somewhere to refocus their anger. Departmental procedures prepared in advance can help investigators cope with such difficulties and reassure the family that authorities are doing all they can. (15)

Noncustodial parental abductions can prove equally dangerous to a child. Often, the suspect takes the child and starts another life outside the investigating agency's jurisdiction. Again, investigators need to recognize and use the methods they would in any other criminal investigation. In most states, a noncustodial parental abduction is a felony. Even before charges are filed, however, the law enforcement agency can enter the child, the suspect, and the suspect's vehicle into NCIC. If the department cross-references all of the information, it will alert officers in other jurisdictions who may stop the suspect on a traffic violation and possibly recover the child. The custodial parent then can make arrangements to retrieve the child. (16) Once the felony warrant is on file and if investigators believe the suspect has fled their jurisdiction, the FBI can help obtain a warrant for unlawful flight to avoid prosecution. This enables a wide variety of federal resources to come into play, including the Federal Parent Locator Service, which coordinates with such agencies as the Internal Revenue Service, the U.S. Social Security Administration, and the U.S. Department of Agriculture to monitor the issuance of checks and notifies law enforcement if the suspect registers for or receives any type of public assistance.

Early in the investigation, agencies may want to request an off-line search from NCIC. Usually, abductions are planned, and, within minutes of the act, the suspect may have left the jurisdiction with the child. Often, the abductor may drive too fast, leading to a stop on a traffic violation. The custodial parent may not even know that an abduction has occurred before the suspect has fled the state. An off-line search can show the location of the stop, thereby giving investigators an indication of the abductor's possible destination.

In 2005, this tactic worked for an investigator in Indianapolis, Indiana. A mother was allowed to make an unsupervised visitation with her child, a ward of the state because of the woman's history of drug abuse and neglect. When the mother did not return as scheduled, a child protective services worker made a police report. Officers had no idea which way the woman would go. An off-line search revealed that an officer in Missouri had stopped her for a traffic violation only a few hours after she had picked up the child for the visit, prior to the Indianapolis police receiving the report of the missing child. Through a variety of tools, including federal assistance agencies, the Indianapolis investigator tracked the woman to Long Beach, California, where detectives located the suspect and her children living in a van under a bridge. Extradited to Indianapolis, she was prosecuted and convicted on the felony charge. The judge in the case felt that she would continue to be a danger to her children and sentenced her to a prison term.

Conclusion

Child abductions pose one of the most critical offenses that law enforcement officers handle and, without a doubt, the worst fear that any parent endures. Cooperative efforts, such as AMBER Alert, and legislative measures have provided authorities with additional means of combating these crimes.

However, the ongoing problem of noncustodial parental abductions requires even greater focus. Children caught in these situations are victims used as a weapon by one parent against the other. Such children usually receive sporadic education; they often live in poverty or substandard housing; and the need to avoid detection leads to frequent relocations. Such factors can irreparably damage these children. Progressive law enforcement administrators need to ensure that their agencies' policies related to this issue will protect the rights of the victims and lead to the apprehension of these criminals.

Endnotes

(1) 18 U.S.C. [section] 1201(a)(1)

(2) 19 U.S.C. chapter 16

(3) 28 U.S.C. [section] 1738(a)

(4) 18 U.S.C. [section] 1073

(5) 28 U.S.C. [section] 534

(6) 42 U.S.C. [section] 5771

(7) 42 U.S.C. [section][section] 11601-11610

(8) 42 U.S.C. [section] 5779

(9) 18 U.S.C. [section] 1204

(10) 42 U.S.C. [section] 14071

(11) The FBI's Uniform Crime Reporting Program has no category for abductions per se. It has a listing in Part II offenses for those against family and children, but because Part I offenses take precedence, a child abducted and raped will be counted as a forcible rape in most agencies.

(12) 18 U.S.C. [section] 2252

(13) For additional information, access http://www.amberalert.gov.

(14) http://www.missingkids.com

(15) NCMEC can be contacted as a source for both model policies and excellent training, which they provide at no cost to a wide variety of agencies working with children.

(16) If the parent cannot pay for the trip to recover the child, NCMEC offers referrals to one of its partnering organizations, which will provide free transportation.