According
to the United States Department of Justice, Office of Juvenile
Justice and Delinquency Prevention, more than 200,000 children
are parentally abducted every year in the United States. That’s
more than 3,846 per week, 550 per day, or 23 per hour. Put another
way, almost one child is abducted every two minutes by a non-custodial
parent or other family member. Fifty-four percent are gone without
a trace for more than one week.
Is
there a need for private investigators in this dilemma? I think
so. In light of continual budget cuts, downsizing and restructuring,
police departments are being forced to re-prioritize the services
they render. While it is not right, police agencies often do
not give high priority to cases of child abductions by non-custodial
parents. As one police investigator told me, “I am the
only investigator for a city of 15,000. I come to work in the
morning and have ten new cases on my desk. There is no way I
have time to work parental abduction cases. We are going to
see the day very soon, where ‘you guys’ will have
to work these cases and call us when you find the kid, and we’ll
hopefully be able to come out and assist with the recovery.”
Another
police sergeant for a major metropolitan police department told
me, “This (a parental abduction) is not a priority case.
I have real police work to do.” With that kind of law
enforcement approach to parental abduction investigations, what
option do “left behind” parents have, but to obtain
the services of a private investigator?
Let’s
suppose you’re new to the business, and you get a phone
call from a distressed parent begging you to help find their
missing child. Parental abduction investigations are not cases
to take as on-the-job-training. Be honest with the “left
behind” parent. If you have never worked this kind of
case, tell them. You will be dealing with a parent that is going
through one of the most traumatic events that any parent can
experience. They are also in a very vulnerable position. To
take advantage of a parent in this position is not only immoral
and unethical; it puts a black mark on all private investigators.
In a recent conversation, Ben Ermini, Director, Missing Children
Division of the National Center for Missing and Exploited Children
(NCMEC), told me that NCMEC can not endorse the use of private
investigators in cases of missing children, due to horror stories
they have heard of private investigators taking advantage of
the “left behind” parent, or playing “cowboy”
and re-abducting the child
inappropriately. Mr. Ermini cites a case where a parent of a
missing child hired a private investigator and paid the investigator
some ungodly amount of money as a retainer. When the child was
found, the private investigator had the audacity to tell the
parent that he had found the child, but if the parent wanted
to know where the child was, it was going to cost another $10,000.
Can anyone wonder why Mr. Ermini and NCMEC has the attitude
they do? Fortunately, the majority of us are not of similar
nature.
Let’s
say you decide to take the case. How hard can it be, you might
ask. We look for people all the time; it’s part of what
we do. That’s true, but don’t assume a missing child
investigation will be easy. They can be difficult, time consuming
and frustrating.
The
first thing you should do is practice the “CYA”
principle. If I see my name on the front page of the newspaper
in regards to one of these stories, I want it to be for assisting
in locating the child, not for assisting in his or her abduction.
I require several items from my “left behind” parent
client. First, I want a court certified copy (raised seal) of
the most recent custody order, granting custody to my client.
Once I receive that, I verify with the issuing court that it
is the most current custody order. Recently, a police department
didn’t verify that the order they had was the most current
and “assisted” in the abduction of some children.
That police department was sued and ordered to pay damages.
You don’t want the same thing to happen to your private
detective agency.
Secondly,
I want the name, phone number, and email address of the primary
law enforcement officer investigating the case. While there
are some differences in the laws of every state, it is illegal
in all fifty states to remove children from the custody of the
court ordered custodial parent or guardian. If a law enforcement
agency is not involved, I immediately become concerned about
the credibility of the case. I want to establish a rapport with
the investigating officer.
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Thirdly,
I want verification that the case is registered with NCMEC.
While NCMEC will not cooperate with a private investigator,
their accepting the case adds credibility to it. The NCMEC has
a great website (www.missingkids.com) where downloadable posters
are available on missing children.
Fourthly, I strongly recommend that my missing children investigation
clients contact Team HOPE. Team HOPE (www.teamhope.org) is an
organization of volunteer parents that do one on one peer counseling
of other parents that are going through similar situations.
These parents need someone to talk to. Team HOPE does just that,
and gives me the time to do what I do best, investigate.
The
CYA steps are all covered, and now you have a legitimate case.
What next? When I accept a case, I have the client complete
an Agreement and Confidential Client Information Sheet. The
agreement is standard, except that I do not charge for these
cases. I also have them sign, as part of the agreement, a release
that allows me to speak to, and obtain copies of any and all
documents from the law enforcement agency (ies) involved, their
attorney (if they have one), and any other organization that
may have crucial information (such as a school). Of course,
we all know that a signed release does not guarantee that the
agency will release the requested information.
The
most important thing is a lengthy, in-depth interview of the
“left behind” parent. In this interview, I question
my client about anything and everything; from when and how they
met, to the family personalities of the abductor, to friends
the abductor has had, to jobs they have had. When I leave the
interview, I want to feel that I know the abductor better then
the “left behind” parent. In my experience, the
vast majority of abductors have someone (family member, close
friend, significant other, etc.) who is intimately involved
in the abduction. I explain this to the “left behind”
parent and ask who this might be. Usually, the “left behind”
parent can identify such a person. I also ask what they think
the motive was for the abduction, and again, they are often
right. The “left behind” parent knows the abductor
the best. Never ignore the “left behind” parent,
as some law enforcement officers do.
Before
the interview concludes, there is one last question that must
be answered: Does the abductor have access to weapons and has
he or she demonstrated any tendencies towards violence? I learned
to ask this question the hard way. On one case, when an abductor
was found and the police made the felony traffic stop to apprehend
her and recover the child, a loaded handgun was found under
the driver’s seat of the vehicle. Luckily no one was hurt,
but we did not know she had a handgun. Had we asked the “left
behind” parent, we would have been informed of the abductor’s
fascination with weapons.
After
the interview, I contact the primary law enforcement investigator.
I identify myself, and indicate that I have been retained to
assist them in locating the abductor, so that he (or she) can
be apprehended by the police. I also explain that I will be
conducting my own investigation and want to be sure that we
will not be “stepping on each other’s toes,”
as I would much rather work with them. Usually, cops only listen
to other cops. For that reason, I have a list of law enforcement
officers that I have worked with in the past, who are willing
to talk to another cop and provide a reference on my behalf.
I also explain to the officer that there is information that
I can obtain without a warrant, which might take them weeks
to obtain. I have received responses that range from, “Someone
who knows what he is doing. What do we do next?” to “What
the hell makes you think we need your help?” When I do
speak with law enforcement, I am very careful to be sure that
they understand I am attempting to assist them. While it is
not foolproof, this approach has been very successful for me.
I try to stay in close contact with the primary law enforcement
officer, providing any information that I obtain. More often
then not (not including the FBI), they do share information
with me.
No
matter how uncooperative law enforcement might be, never belittle
them to your client, or publicly. About two years ago, there
was a case where a young man disappeared after a college party.
The parents believed the police were doing a poor job of the
investigation and hired a private investigator. One of the first
things this private investigator did was to call a press conference
and belittle the law enforcement agency handling the case. Even
if the accusation was true (I’m not sure it was in this
case), do you think this private investigator had a chance of
working with the police on this case, or any other case in the
future?
One
quick note on working with the police: While I am not an attorney,
I do not believe you would be considered an agent of the police
in these kinds of investigations, as you are simply cooperating
with and assisting the police investigation. Assuming that an
arrest warrant has been issued for the abductor, you would be
assisting in the apprehension of a wanted person, not providing
investigative services to a police agency.
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Once
you cover these preliminaries, you are ready to start the investigation.
The techniques in conducting a missing child investigation are
similar to any missing person case, but there are key issues
that must be considered:
1.
Do not try to find the child. Focus on finding
the abductor. If you find the abductor, you find the child. Locating
an adult is much easier than trying to find a child. A California
and Wisconsin based non-profit organization conducted a test by
posting a photograph of a five-year-old “missing”
child at the entrance to several malls. Fifty feet inside the
doorway to each mall, the child -- wearing the same clothes seen
in the picture -- was sitting. No one entering the malls recognized
the child from the posters.
2.
Do not be afraid to get help from other resources. On
cases that I work in the metro Minneapolis-St. Paul area, where
a warrant is issued for the abductor, I immediately contact the
local chapter of CrimeStoppers. As long as the warrant is active
and the issuing law enforcement agency is in agreement, CrimeStoppers
will begin a reward fund for the arrest of the abductor, and issue
the first $1,000 of the reward. With that comes automatic media
coverage from one of the local television stations. If you need
investigative assistance outside your area of expertise, do not
hesitate to ask for it. For example, in some cases, you may find
the child communicated with a suspected abductor by email. Email
or Internet tracing is critical on cases of this nature. I do
not have that kind of expertise, but I have a colleague whom I
am quick to use (and abuse, he will quickly tell you) in cases
like this.
3.
Think outside the box. Use your imagination. Don’t
take the “that’s never been done before” attitude.
If you can think of it, it can probably be done. Remember, you
are working with law enforcement, and just because a private investigator
can’t do something, doesn’t mean law enforcement can’t.
Your idea could easily be something law enforcement hadn’t
thought of. For example, in one recent case, the officer I was
working with was able to monitor telephone numbers called (not
the calls themselves) by a secondary suspect. We were able to
obtain additional information that led us to the abductor and
child.
4.
Investigate the abductor before the abduction. Was
his or her lifestyle changing? Was there a significant other?
Ask the same questions you would ask in any missing person case:
Do they have a vehicle? When does his or her driver’s license
expire? Did he or she go to college, belong to a union? Where
did he work, who are his friends?
5.
Who else may have been involved in the abduction? Earlier
in this article, I mentioned about another person usually being
involved in the abduction, from the perimeter. For example, it
is usually a parent, sister, brother, or grandparents of the abductor.
With the help of your client, identify your primary suspect for
this role. While you don’t want to put all your eggs in
one basket, you should keep a careful eye on this person. In one
case I worked, we suspected the grandmother of the child might
have assisted her daughter in the abduction. We went to the small
town where the grandmother lived and peppered the town with posters
of the missing child. When the grandmother called the tip line
to complain about the posters, the operator skillfully extracted
information from her that led us to the abductor and child.
6.
Speaking of posters and tip lines: If you are going
to use posters, use another agency to take the tip calls. On most
of my cases, I put the phone number for CrimeStoppers on posters.
CrimeStoppers has highly trained call takers that work 24/7 to
take calls. They are well trained and know how to obtain information
from callers. I do not leave my phone numbers on the posters,
as I do not want to be answering my phone 24 hours a day. Most
tip callers will not leave a message on a voicemail system. I
have an agreement with CrimeStoppers that they will provide me
with copies of any tips, along with providing the information
to the primary law enforcement agencies.
When
you find the child, get professional help for the recovery. Do
not attempt a “private” recovery. Call the local police.
If they won’t do anything, contact the FBI. If they won’t
do anything, try the U.S. Marshal’s Office. A private investigator
in California who works these cases told me that he has had more
cooperation from the marshal’s service than any other law
enforcement agency. Recoveries can become physically dangerous
and psychologically damaging for the child. More than once a poorly
planned recovery has resulted in physical injury to the child,
or the escape of the abductor and child.
The
goal of any missing child investigation is the successful reunification
of the child with the custodial parent. Your goal is not to get
your name in the newspaper; it’s not to get your mug on
the local television. Your goal is to find the child and get him
or her home safely.
Minnesota investigator
Ed Wunsch (ed@commercialreports.org) is a consultant and lecturer
on parental abduction investigations. Most recently, he helped
recover a child abducted to Jamaica.
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