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Assembly Bill 3099 (Ramos, 2020) (AB 3099) created the Tribal Assistance Program within the California Department of Justice’s (DOJ’s) Office of Native American Affairs (ONAA). AB 3099 entrusted the DOJ to address issues involving missing and murdered Native Americans in California. During ONAA’s outreach to Native American communities and tribal governments in California, it became evident that there was a significant amount of misinformation and a general lack of understanding about missing person’s investigations in California. The Missing in California: An FAQ for Native American Tribes and Tribal Citizens aims to provide Native American Tribes, tribal citizens, tribal communities and tribal organizations with critical information and resources to assist in navigating the incredibly stressful experience of what to do when a loved one and/or tribal citizen goes missing.
The Missing in California: An FAQ for Native American Tribes and Tribal Citizens is organized by six (6) categories of questions that were frequency asked by Native American community members and representatives of tribal governments:
As you will see from the Table of Contents, represented in each of those identified categories of questions in the FAQ are more specific inquiries to assist the user. To access the information being asked, please click on the question (there is a hyperlink embedded in the question), and you will be taken to the appropriate category-question and answer you are interested in learning more about. At the end of the FAQ, you will find a directory and/or list of all of the important resources discussed throughout the FAQ.
Please note that this is not an exhaustive FAQ on missing persons questions and answers. If you would like to recommend changes to the FAQ, or if you have any concerns you would like to share with ONAA regarding a missing person case, please do not hesitate to contact us as ContactONAA@doj.ca.gov and we will do our best to assist you.
To report a missing person in California, please do one of the following:
If the missing person is under the age of 17 or if suspicious circumstances or foul play is suspected, call 911 IMMEDIATELY.
As soon as you believe someone has gone missing, you should alert local law enforcement. Contrary to what many believe, there is no waiting period to report a missing person in California. YOU DO NOT HAVE TO WAIT 24 HOURS.
A missing person does not need to be of a certain age. In California, a missing person includes, but is not limited to, the following:
All local police and sheriff's departments are required by state law to report all missing person cases, including voluntary missing juveniles. (See California Penal Code 14211.)
Yes. The California Highway Patrol (CHP) can take the report of a missing person. They will also provide you with the name and telephone number of the local police or sheriff's department where the missing person lives and/or where they were last seen if you prefer to file a report directly with local law enforcement. (See California Penal Code 14211.)
No. You do not need to be related to the missing person in order to report them missing. Anyone can report a missing person. It is important to encourage and support community members to come forward and report any information or suspicions they may have regarding a missing person.
Yes. If you report a missing person to a law enforcement agency outside the residence of the missing person or their last known location, that agency is required to notify and forward a copy of the report to the local law enforcement agency within the missing person's residence or the place where they were last seen. (See California Penal Code 14211.)
If the missing person is a tribal citizen living and/or last seen in California, particularly on a reservation or rancheria, you should do the following:
If the missing person is under the age of 17 or if foul play is suspected, call 911 IMMEDIATELY.
Yes. Even if you live outside of California or your tribal government is located outside of California, if your loved one or tribal citizen goes missing in California, you may contact the local law enforcement agency where they lived or the local law enforcement agency from the place where they went missing to report them missing.
If you believe your loved one or tribal citizen have gone missing in another state, IMMEDIATELY CONTACT the local law enforcement agency (LEA) where your loved one went missing from or resides to report them missing. If you believe they may have gone missing on or near a reservation or rancheria, it is advisable to contact the tribal government and/or tribal law enforcement agency of that reservation or rancheria.
Unfortunately, if a loved one or tribal citizen goes missing in another state, there is no standard or national protocol for how LEA responds to missing adults over the age of 18.
However, if your loved one or tribal citizen goes missing outside of California, you should take the following actions:
After you have called 911, you will speak with a police officer who will ask you specific questions to help them understand the situation and assist in locating your loved one or tribal citizen.
You will be asked several questions by the police officer. It is important to answer clearly and as precisely as possible. The police officer will most likely ask you the following questions:
If you suspect that your loved one has been trafficked or coerced into leaving via the Internet, please share this information with law enforcement so that they may include the appropriate departments and/or special task forces in the initial investigation.
Also, be sure to write down the law enforcement officer's name, case number for the police report and the name of the person who took the report.
You will be asked several questions by the law enforcement officer. It is important to answer clearly and as precisely as possible. For instance, the officer may want to know the circumstances surrounding your loved one’s or tribal citizen’s disappearance and may also ask for the following information to assist them in their search:
To help locate your loved one or tribal citizen it is important to provide ALL information, even if you think it is insignificant. You may be asked very personal questions about your missing loved one. These questions are not to invade your privacy or theirs, but rather it's to better understand the mindset of your loved one at the time they went missing.
Some questions can be:
If the missing person was last seen on an Indian Reservation or Rancheria, the police officer may ask additional questions to assist in the search for your loved one or tribal citizen.
If you suspect that the missing person is a victim of human trafficking, please contact local law enforcement and provide them with all relevant information about the suspected trafficking immediately. Law enforcement agencies have specialized units that are trained to handle human trafficking cases and can initiate an investigation. You may also consider contacting anti-trafficking organizations to provide guidance, resources, and support in dealing with suspected trafficking cases.
Please note that there are different types of human trafficking, most common are sex and labor trafficking. Sex trafficking involves the victim being coerced for commercial sex while labor trafficking involves the victim being coerced for labor purposes (domestic or commercial). It is important to note that sex trafficking of a minor does not require coercion as minors cannot consent to sexual acts.
If you suspect a child is being trafficked, contact local law enforcement immediately. These are various resources available to assist you and provide guidance, support, and can connect you with local resources.
In California, a law enforcement agency must immediately take the report of a missing person and take reasonable steps to locate the missing person. (See Section 13519.07).
If the person reported missing is under 17 years of age, or if there is evidence that the person is at risk, the law enforcement agency receiving the report shall do the following:
Whether information, of any type, will be shared with a tribal government by an investigating law enforcement agency will be dependent on several factors, including but not limited to, the intergovernmental agreements that may exist between the tribal government and the law enforcement agency, the involvement of federal and tribal partners in the investigation of the missing tribal person, and other such circumstances.
It is crucial to emphasize the importance of collaboration and information sharing among tribal, state, local, and federal partners involved in the search efforts. This collaborative approach enhances the chances of locating the missing tribal citizen and ensures that all available resources and expertise are utilized effectively. Case updates regarding the progress, findings, and any significant developments may be shared with the tribal government. This helps ensure open lines of communication and keeps the tribal government informed about the ongoing efforts.
Please note that a LEA will not be able to share information that may compromise their investigation if disclosed.
After you report someone missing, the law enforcement agency (LEA) receiving the report will forward the report to the law enforcement agency of jurisdiction. It will then be assigned to an investigator or juvenile detective for follow-up investigation.
If the missing person is in imminent danger or considered "At Risk", or under the age of 11, your local LEA may request assistance from other law enforcement agencies, such as the California Department of Justice (DOJ), Missing and Unidentified Persons (MUPS), Federal Bureau of Investigation, neighboring law enforcement agencies, U.S. Border Patrol, U.S. Coast Guard, the National Guard, other military personnel, or correctional institution staff. These additional resources may include, but are not limited to, search and rescue resources, such as search and rescue canines/forensic canines, infrared devices, or helicopters.
If any new evidence or information comes to light that might be related to your loved one going missing or may be able to aid law enforcement in locating them, after the person has been reported missing, such as finding a cell phone in their room, please notify law enforcement immediately. It is important to note that the handling of evidence may vary depending on the circumstances and the investigative practices of the law enforcement agency involved. Law enforcement will provide you with the next steps to follow.
If you believe that the evidence has been overlooked, lost, or misplaced by law enforcement, contact the investigating agency and express your concerns. Law enforcement agencies have protocols and procedures in place for evidence collection.
In 1988 the Commission on Peace Officer Standards and Training (POST) was directed to establish courses of instruction for training law enforcement officers and dispatchers to investigate and resolve missing persons and voluntary missing juveniles cases (California Penal Code Section 13519.1). In 2010 law enforcement agencies were directed to adopt policies and checklists to assist peace officers in missing person investigations (California Penal Code Section 13519.07). POST developed guidelines as a resources for law enforcement agencies for responding to missing persons cases.
Each law enforcement agency should have an established plan, similar to an emergency relief or disaster plan, to guide their search and recovery efforts. Ask your law enforcement agency about its plan.
Typically, your local law enforcement agency (LEA) will designate one or two persons to coordinate and manage the search.
Once an individual has been designated to coordinate and manage the search by the LEA:
California law requires law enforcement agencies to notify a school district or private school within 10 days of a child's disappearance. The notice must be in writing and provide a copy of a photograph of the missing child (if available).
Further, the Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records or personal identification information (PII). Missing children are to be considered an emergency.
Under FERPA, if the school determines that there is an "articulable and significant threat" of health or safety emergency of a student, it may disclose the student records or PII to the appropriate parties (e.g., law enforcement) without the consent of the parent or the student. (See FERPA’s guidance document for more information.)
California Education Code Section 49068.6 requires law enforcement agencies to notify a school district or private school within 10 days of a child's disappearance. The notice must be in writing and provide a copy of a photograph of the missing child (if available).
Further, the Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records or personal identification information (PII). Missing children are considered an emergency.
Under FERPA, if the school determines that there is an "articulable and significant threat" of health or safety emergency of a student, it may disclose the student records or PII to the appropriate parties (e.g., law enforcement) without the consent of the parent or the student. (See FERPA’s guidance document for more information.)
When the caregiver first learns that a child is missing from care, the caregiver should immediately report the child missing to the local law enforcement agency. Each county social services agency should have a missing child policy that clearly identifies the reporting responsibilities of both the caregiver and the social worker/probation officer. (See ACL 16-15.)
The missing child’s parents, attorney, tribal representative, and court appointed special advocate should be notified immediately of their missing status by the caregiver.
Moreover, when a social worker or probation officer receives information that a child receiving child welfare services is “missing from care”, they shall immediately, but in no case later than 24 hours from the receipt of the information, notify statutorily specified entities or persons, including the local law enforcement agency, the child’s or nonminor dependent’s parents or guardians, and the child’s tribal representative. The Luke Madrigal Act, California Welfare and Institutions Code, Section 16501.35.
“Missing from care,” means when the whereabouts of a child subject to an order of foster care placement are unknown to the county child welfare agency or probation department, or when the county child welfare agency or probation department has located a child subject to an order of foster care placement in a location not approved by the court that may pose a risk to the child, taking into account the age, intelligence, mental functioning, and physical condition of the child. The Luke Madrigal Act, California Welfare and Institutions Code, Section 16501.35(c)(1).
Additional guidance and resources may be found here.
When the caregiver first learns that a child is missing from care, the caregiver should immediately report the child missing to the local law enforcement agency. Each county social services agency should have a missing child policy that clearly identifies the reporting responsibilities of both the caregiver and the social worker/probation officer. (See ACL 16-15.)
The missing child’s parents, attorney, tribal representative, and court appointed special advocate should be notified immediately of their missing status by the caregiver. In addition, 34 U.S.C. Section 41308(4)(C) 34 U.S.C. Section 41308(4)(C) requires that state and local law enforcement agencies notify the National Center for Missing & Exploited Children (also known as the NCMEC Notification) of each report of a child missing from a foster care family home or child care institution.
Moreover, when a social worker or probation officer receives information that a child receiving child welfare services is “missing from care”, they shall immediately, but in no case later than 24 hours from the receipt of the information, notify statutorily specified entities or persons, including the local law enforcement agency, the child’s or nonminor dependent’s parents or guardians, and the child’s tribal representative. The Luke Madrigal Act, California Welfare and Institutions Code, Section 16501.35.
“Missing from care,” means when the whereabouts of a child subject to an order of foster care placement are unknown to the county child welfare agency or probation department, or when the county child welfare agency or probation department has located a child subject to an order of foster care placement in a location not approved by the court that may pose a risk to the child, taking into account the age, intelligence, mental functioning, and physical condition of the child. The Luke Madrigal Act, California Welfare and Institutions Code, Section 16501.35(c)(1).
Further guidance and resources may be found here.
In addition to a local law enforcement agency (LEA) searching where your loved one or tribal citizen was last seen, conducting interviews with friends, neighbors, and colleagues, they may also, as part of their investigation, check your loved one’s or tribal citizen’s cell phone records, their “virtual” or internet footprint, and/or their credit or debit card usage to aid in their search.
The initial investigating agency is usually the agency that takes the initial missing person report, regardless of whether it is the agency where the missing person lives or where the person was last seen. If the missing person does not reside within a city or county in California, a courtesy Missing Person Report will be completed and then distributed to the appropriate law enforcement agency.
A search party may be organized by local law enforcement agencies (LEA), nonprofit organizations, or family and friends of the missing person.
It is always best to check with the LEA first to see if they already have Search and Rescue as part of their services. Volunteers often play a significant role in distributing information, raising awareness, coordinating search parties, and providing support to the family and law enforcement during the search operation.
If volunteers are used in the search, your law enforcement agency (LEA) should still be responsible for managing the overall search effort. To ensure the dissemination of accurate and verified information, it is important to use social media responsibly and in coordination with LEAs.
To create a missing persons flyer for your loved one or tribal citizen, please contact the investigating Law Enforcement Agency (LEA), the California Highway Patrol (CHP), and/or the California Department of Justice (CA DOJ) Missing and Unidentified Persons Section (MUPS). These law enforcement agencies can assist with producing flyers and distributing them to law enforcement agencies. You can reach MUPS at 1-800-222-FIND (1-800-222-3463) or email at missing.persons@doj.ca.gov.
Additionally, the National Center for Missing & Exploited Children (NCMEC), may be able to assist you in creating and distributing a missing persons flyer if the missing person is under 21 years old. You can call their 24-hour hotline at 1-800-843-5678.
You may also visit the National Missing and Unidentified Persons System (NamUs), a national information clearinghouse and resource center for missing, unidentified, and unclaimed person cases across the United States to search case information. Contact NamUs at toll-free hotline (833) 872-5176 or email namus@usdoj.gov.
It is important to consult with the LEA to ensure proper coordination and avoid any potential complications.
California has several missing persons alert systems, including, but not limited to, the following: the AMBER Alert, the Feather Alert, the Silver Alert and the Endangered Missing Advisory.
Once a missing person returns, contact your local law enforcement (LEA) or the reporting agency. Either the reporting agency or the local law enforcement agency will need to verify the return of the missing person. The police must ensure that they are safe, have not been a victim of crime, and will not come to further harm. Once the missing person is verified as being located, the California’s Missing Persons System and the National Crime Information Center (NCIC) Missing Persons File entries will be in-activated.
It's important to know that it is not a crime to be a missing person. In general, if the missing person is not the victim of a crime or a suspect in a crime, there are limits to LEAs ability to share their location. If, and when, a LEA locates a missing person and that individual is an adult, the LEA will encourage them to make contact with the reporting party; however, the individual may request that the LEA not share or disclose their location. In that case, the LEA will notify the reporting party that they have been located and are safe, but not share the location in which the individual was found.
You may visit the California Department of Justice’s Missing Persons Search website (found here). This searchable website allows you to look for a missing person by name, description, county, and several other categories which is a subset of all persons reported as missing by law enforcement in the State of California.
You may want to reach out to the National Center for Missing and Exploited Children (NCMEC). NCMEC is a private, non-profit organization whose mission is to help find missing children, reduce child exploitation, and prevent child victimization.
You may also visit the National Missing and Unidentified Persons System (NamUs) search database.
The Missing and Unidentified Persons Section (MUPS) at the California Department of Justice (CA DOJ) works with the Division of Law Enforcement's Bureau of Forensic Services Missing Persons DNA Program (MPDP).
The MPDP compares DNA from unidentified persons and unidentified human remains with DNA from personal articles belonging to missing persons and DNA from relatives of missing persons.
The DNA profiles from missing persons and unidentified remains cases are uploaded to the FBI's Combined DNA Index System (CODIS) for comparison with DNA samples from missing persons nationwide.If you have questions or need assistance with a DNA collection or submission, please contact the Missing Persons DNA Program at: dnamissingpersons@doj.ca.gov or call (510) 620-3300.
No, under no circumstances will the DNA collected be used by law enforcement for any purpose other than to identify the missing person. DNA samples from relatives of missing persons are not searched against any criminal or offender DNA databases. They are only searched against the DNA samples from unidentified persons and unidentified human remains. (California Penal Code Section 14251.5) (FAQ on the Missing Persons DNA Program)
Besides the California Department of Justice’s missing person search, you may consider searching the following online resources:
National databases or alert systems for missing persons are available.
For example, the following databases and alert systems are available nationally:
It is important to utilize these databases and systems effectively to maximize the chances of locating missing individuals and reuniting them with their loved ones.
Law enforcement agencies, tribal representatives, and other authorized entities should collaborate with one another to ensure efficient data sharing and coordination in the search efforts locating missing persons is being conducted.
It is important to understand the difference between databases to ensure the necessary and appropriate information about your loved one or tribal citizen are being reported to the appropriate entities thereby increasing the probability of their being located.
The Missing and Unidentified Persons Section (MUPS) Missing Person System (MPS) and Unidentified Person (UPS) databases are maintained by the California Department of Justice and focus on collecting and storing information about missing and unidentified persons within California. These databases primarily serve as a resource for law enforcement agencies to access information related to missing and unidentified cases within the state. MUPS specifically focuses on cases within California, but also houses information on cases where there is a nexus to California.
TheNational Missing and Unidentified Persons System (NamUs) is a national database and resource center for missing and unidentified persons cases across the United States. It is managed by the National Institute of Justice and provides a platform for the collection, sharing, and analysis of data related to missing and unidentified individuals from all states. NamUs covers on a national level.
Also, be sure to write down the LEA’s name, case number for the police report and the name of the person who took the report.
You may also use the following workbook developed by the National Indigenous Women’s Resource Center’s MMIW Toolkit for Families and Communities. This workbook aims to help families of missing persons in the investigation process.
To help identify someone who has gone missing, you can do the following:
Your tribal government and community can play a crucial role in helping to find missing tribal citizens.
Here are some actions that can be taken:
In addition to law enforcement agencies, there are several non-law enforcement organizations that can provide assistance and support in locating your loved one or tribal member. Consider reaching out to the following organizations:
If you do not receive information for a period of time and would like an update, please contact the LEA that has your case within its jurisdiction. It is important to communication your expectations with the LEA regarding how often you would like for them to keep you updated. You may also wish to contact a tribal victims’ services or local victims’ services advocacy center, if you would like to speak with someone outside of law enforcement for support.
The California Department of Justice (CA DOJ) hopes that you never feel as if your case is not being investigated or that your loved one or tribal citizen are not valued. However, if this does occur, please consider reaching out to:
In addition, the law enforcement agency where the missing persons investigation is being conducted should have a complaint form on their website. The agency may also have a telephone hotline for complaints. A complaint about how the investigation is being conducted can also be filed in person at the station where the investigator works, the police commission, the Inspector General’s Office, or an agency’s Internal Affairs Office. Each law enforcement agency in California is required to establish a procedure to investigate complaints. (Penal Code section 832.5)
If the law enforcement agency does not respond to your complaint within a reasonable period of time, you may also file a complaint with the California Attorney General’s Office. For more information about the Law Enforcement Complaint Policy, please visit this link.