1.4.7 Absent and Missing Children

This section applies to children in care (CIC) of a child and family services agency who are absent from a placement resource. It covers planned and unplanned absences.

Unplanned absences include children who are missing (whereabouts unknown) and children who run (abscond) from placement.

Other sections directly relevant to this section are Section 1.3.5, Child  Sexual Exploitation;  Section 1.3.7, Working with Law Enforcement; and Section 1.5.3, Foster Home Placements.

• Legislation

  Children in Need of Protection

  Section 17 of The Child and Family Services Act (the Act) defines a child in need of protection. The list of illustrations or examples in subsection (2) includes a child who is beyond the control of a person who has the care, custody, control or charge of the child or is likely to suffer harm or injury due to the behaviour, condition, domestic environment or associations of the child or of a person having care, custody, control or charge of the child.

  Section 21 gives agencies and the police the power to apprehend a child in need of protection. Subsection (2) provides for apprehending without a warrant and subsection (3) for obtaining a warrant to enter, by force if necessary, a building or other place specified in the warrant and search for the child. Subsection (5) requires the police to assist in apprehending a child when requested to do so by an agency.

  Section 22 provides for agencies and the police to apprehend a child in care and a court to find that child in need of protection.

  Section 53 provides for apprehending a child who absconds from a child placement resource or leaves a place without permission.

  Information Sharing

  Subsection 76(3) prohibits disclosing or communicating a record made under the Act with certain exceptions. Clause (g) allows for disclosure for purposes of the Act.

  Section 19 of the Foster Homes Licensing Regulation and section 26 of the Child Care Facilities (Other than Foster Homes) Licensing Regulation prescribes what information licensees must keep regarding a child placed in the resource.

• Policy

  A Missing Child in Care Protocol was approved in 2021. The policy and standards in this section have been aligned with the Protocol.

  The Missing Child in Care Protocol is on CFSIS in Forms/Case Management/Agency and the Missing CIC Response Plan Form is on CFSIS in Forms/Service Planning Assessments.

  Any child missing/absent under the age of 12 requires an immediate report to law enforcement.

  Absences

  Definitions

  Planned Absences: Routine absences as part of daily activity, home visits, special events and summer camp are examples of planned absences. These absences are approved by the agency.

  Unplanned Absences: Unplanned or unapproved by the agency; the CIC is not at placement, however the location of the CIC is known. Unplanned absences may include children and youth who are running (absconding) from placement.

  Absent child in care: the whereabouts of the CIC is known, however the CIC is not at placement.

  Missing child in care: the whereabouts of the CIC is unknown, and they are not on approved leave time.

  Endangered Missing child in care: the whereabouts of the CIC is unknown, and risk factors are identified that place the missing youth at greater risk of harm.

  Planning for Absences

  Planned Absences: require case documentation of the planned absence including contact information.

  Unplanned Absences: require case planning, including a Missing Child in Care Response Plan (response plan) that identifies whether a missing person’s report is required, whether a safety check occurs, call to the designated intake agency/agency to report the youth as AWOL, and any required follow-up steps expected by the agency and/or care provider. Whenever possible and appropriate, case planning for unplanned absences should involve the youth. The response plan form can be found on CFSIS in forms - Service Planning Assessments.

  Missing or Endangered CIC: requires immediate follow up as per the individual CIC response plan.

  Group Care Facility Standards (Standard 2.4.3 Absences) provides information specific to children who are absent while placed in a group care facility.

  Identifying High Risk Indicators

  Placing workers have the initial and primary responsibility for sharing information about the child with the care provider at the time of placement and on an ongoing basis. This includes information on high risk indicators that jeopardize the safety of the youth when missing. These indicators must be current (within 3 months).

  The following table lists examples of high risk indicators to be explained to and discussed with a child’s care provider:

  High Risk Indicators Examples

  Category	Indicator
  Physical and Mental Health	Life threatening medical condition
  	Developmental issues requiring a high level of care and supervision
  	Suicidal ideation or pattern, self harm or other mental health
  	Drug or alcohol use consistent with harmful or dependent substance abuse pattern
  Behavioural Patterns	Evidence of chronic missing person reports and/or absconding from home or placement within last six months
  	Pattern or history of assaultive or violent behaviour including criminal activity/gang involvement
  Victimization	Suffered severe and/or chronic abuse (physical, sexual, emotional)
  	Sexually exploited

  Missing Children

  This part applies to children in care who are absent from placement and their whereabouts are unknown.

  Any child missing/absent under the age of 12 must be reported to law enforcement immediately.

  Missing Children in Care Response Plans

  All children in care over the age of 12 must have a completed Missing CIC Response Plan (response plan) form.

  Response plans should be posted on CFSIS in the CIC file annually at minimum or when updated as per the protocol.

  Care Provider and Agency Worker Responses

  Plans should outline roles and responsibilities of each party and whom is to be contacted. The assistance of the police should be sought if the situation is perceived as dangerous.

  Losing Contact with a Child: The primary and immediate care provider initiates an immediate, brief search upon losing contact with a child while on an outing. This may include a local search by car or on foot.

  Child Not Returning from School or Day Program: Depending on the child and the circumstances, an immediate search may be required when a child does not return from school or arrive at a planned destination.

  Adhering to the Care Plan: Care providers and agency workers should adhere to the response plan for missing children in care.

  Concern about a Child’s Whereabouts: A care provider should report a missing child to the police and the supervising agency or after hours as soon as there is concern for the child's whereabouts regardless of the time of day or night. This applies when there is no plan in place for whatever reason, the care provider has reason to believe a plan is out-of-date, or specific circumstances suggest a need to depart from the plan.

  Child Discharged While Missing: If a child is discharged from a placement while still missing, the Missing Persons Unit or local police should be advised that the child is still missing, but that on being found should be returned to the agency and worker.

  Determining Immediate Risk

  Should an unplanned absence pose an immediate risk to the safety and health of the child, the care provider or agency worker must call local law enforcement immediately and provide relevant information to assist in establishing the case as a priority for police action. Factors to be considered by the care provider or agency worker in deciding immediate risk include dangerous environment such as open water, severe weather, nightfall, appropriateness of dress for prevailing weather conditions, and any high risk indicators (noted in the Identifying High Risk Indicators chart). The Missing CIC Response Plan should be shared with Law Enforcement.

  Note: It is not necessary to wait 24 hours before reporting a missing child to law enforcement.

  Reporting to Law Enforcement

  In Winnipeg, missing children are reported to the Missing Persons Unit, Winnipeg Police Service and in other areas to the local police force.

  The following information is required by the police to assist in establishing the case as a priority for police action:

  • name, date of birth, age and gender of the child, and description
  • personal identity and contact information of the person reporting including who to call in the event the reporting person is not available
  • a digital photo of the child or youth taken within the past year for identification purposes (Standard 6, Section 1.7.1, Service Records)
  • the time and place where the missing child was last seen and by whom, and information around last contact with the youth via other means
  • if applicable, information regarding the possibility that the child may have left Manitoba and, if so, possible destinations
  • if applicable, the names, addresses and phone numbers of friends and whether they have been contacted, (as available on the response plan)
  • if applicable, the name of the child’s school and teacher and whether the school has been contacted or checked
  • factors posing an immediate risk to the child’s safety as per the risk factors on the response plan

  Note: Reporting a missing child to the police does not relieve care providers and agency workers of their responsibilities to continue searching for the child and updating the police with new information on a child’s possible whereabouts.

  Issuing Child Protection Alerts

  Agencies may issue alerts for missing children through the Child Protection Branch (the Branch). Alerts are issued to designated intake agencies. They may also be issued to hospitals in Manitoba when the missing child is also an expectant mother. Canada-wide alerts may be issued when it is believed the missing child has left the province. Alerts must be issued for missing children who are at high risk and considered for children who are at medium risk.

  To issue a child protection alert an agency completes and faxes alert form to the Interprovincial Desk (Provincial/Territorial Protocol).

  Publicizing Information on Missing Children

  Publicizing information and pictures of children through posters, the Internet and the media is often indicated for children who are missing and whose health, safety and well-being are seriously endangered. A recent photo of the missing child is essential for this purpose.

  Potential Impact on Child and Siblings: Consideration should be given to the potential negative impact on the child and/or the child’s siblings when making a decision to publicize. If publicizing is clearly indicated due to concern about serious harm to the child, consideration should be given to helping the child’s family understand the reasons for doing so.

  Confidentiality: Clause3 76(3)(g) of The Child and Family Services Act allows information in a record under the Act to be disclosed where required for purposes of the Act. This provision permits an agency to share identifying information and photographs with law enforcement, Canadian Centre for Child Protection and collateral organizations.

  Written Consents: Written consents must be signed before identifying information and photographs of a child can be released to the public.  There is a Consent for Photos form on CFSIS for children in care through a voluntary placement agreement (Case Management\CIC\Suggested).

  Posting on the Internet: As a general rule, law enforcement agencies make the decision to post identifying information and photographs on a police website or through the Canadian Centre for Child Protection. Child and family services agencies may contact Canadian Centre for Child Protection for children not considered in the high-risk category at toll free at 1-866-543-8477.

  Involving Other Service Organizations

  In addition to reporting to law enforcement, issuing alerts, and publicizing identifying information and photographs when indicated, agencies are required to actively search for a missing child in care. In many instances this expectation is most effectively done through collaboration with other service organizations involved with a child, such as participation in the StreetReach initiative requesting the assistance of community groups and agencies dedicated to searching for missing persons. Roles and responsibilities of organizations are to be outlined on each youth’s missing response plan.

  Reporting Located Children

  Agencies must report to the police and others involved when a missing child is found or returns on their own. It is the responsibility of the agency worker to ensure that the police and others involved, including the child’s family, are notified when a child is located or returns.

  Absconding Children

  This part deals with children who are absent from their placements without permission. If the child’s whereabouts are unknown, all the actions required for missing children in this section apply until the child is found.

  Stabilizing Placements

  An agency must make every reasonable effort to ensure the safety and well-being of children who are repeatedly running from their placements. This responsibility can often be very challenging. It requires:

  • ongoing assessment of a child’s needs (Assessment Process, Section 1.1.2, Assessment),
  • revising a child’s care plan and missing youth response plan when necessary with the goal of preventing or reducing unplanned absences (Planning Process, Section 1.1.3, Planning), and
  • mobilizing required services and resources to carry out the plan

  Accessing Other Services and Resources

  Services and resources particularly relevant to children and youth who are repeatedly absconding from placement include:

  Youth Drug Stabilization Services: The Youth Drug Stabilization (Support for Parents) Act provides a way to access involuntary detention and short-term stabilization for children and youth. It provides for apprehension orders and stabilization orders with respect to youth who are abusing one or more drugs severely and persistently and, as a result, are likely to deteriorate substantially, either physically or psychologically. This Youth Drug Stabilization Act fact sheet provides more detailed information.

  Mental Health Services: Agencies are expected to access appropriate mental health services and resources for children who require them. Information on the range of mental health services is available at Mental Health - Health Providers - Shared Health (sharedhealthmb.ca). Each of the available resources links includes resources for children and youth.

  Referral to the Manitoba Adolescent Treatment Centre should be explored for children and youth with severe and persistent mental health issues unless, for children living outside of the Winnipeg area, there is an appropriate service available. An agency may find it necessary to seek an involuntary assessment and admission to a mental health facility under Part 3 of The Mental Health Act as a last resort. Section 12 gives peace officers the power to take a person believed to be suffering a mental disorder into custody for purposes of examination.

  Public Safety Investigations: The Safer Communities and Neighbourhoods Act provides for investigations of complaints and orders with respect to a community or neighbourhood being adversely affected by activities on or near a property. This resource is explained in detail under Other Services and Resources in Section 1.3.5, Child Sexual Exploitation.

  Repatriation Services: Chapter 7 of the Provincial/Territorial Protocol on Children and Families Moving between Provinces and Territories pertains to child protection alerts, child protection requests and referrals, and repatriation services. The Interprovincial Desk at the branch is responsible for assisting agencies in arranging for repatriation of children to Manitoba from other Canadian jurisdictions. The Desk will also assist agencies in identifying child welfare authorities in other countries. The forms can be found on CFSIS in the Interprovincial Protocols folder.

  Repatriation of Trafficked Children: Repatriation of children who are trafficked outside of Canada (Sex Trafficking, Section 1.3.5, Child Sexual Exploitation), requires the involvement of law enforcement. An agency contacts the local police department to initiate this process. Canada Border Services Agency (CBSA) has a Trafficking Response Team. CBSA in coordination with the investigating law enforcement agency would work with the legal guardian to repatriate children/youth trafficked outside of the country. For children from Winnipeg, an agency contacts:

  Counter Exploitation Unit
  Winnipeg Police Service
  Tel: (204) 986-6250

• Standards

  1. Planning for Absences from Placement – Planning for absences occurs prior to or at the time of admission to a placement resource. All children in care over the age of 12 must have a completed Missing CIC Response Plan within 30 days of placement. The form can be found on CFSIS in Forms/Service Planning Assessments. The response plan should be reviewed every three months. It should be posted on CFSIS annually (minimally) or when it is updated. The agency keeps a copy of the response plan in the CIC file and a copy is given to the placement.

  2. Reporting Missing Children – The Missing CIC Response Plan includes direction on when a missing person report is made to police. It also includes a list of other people who must be contacted.

     Children under the age of 12 and missing must be reported to the police immediately. All missing children who are deemed to be at immediate risk are reported to the police immediately. The care provider and placing or supervising agency also comply with other actions noted under Missing Children in this section.
  3. Sending Photograph to Police – The supervising agency ensures a current photograph (preferably digital) is sent to the police at the time a child is reported missing in a manner that ensures the confidentiality of the record. The photograph is a portrait (direct view of the child’s face) that is sufficient quality to be useful.
  4. Reporting Located Children to Police – When a child has been reported to the police as missing, an agency worker immediately advises the police when the child has been located.
  5. Documenting Actions regarding Missing and Absconding Children – All actions taken by agency workers and care providers regarding missing and absconding children are documented on the child in care file. This includes applications for protection orders and prosecuting persons who interfere with the child. This information is recorded within one month from the date the child first absconds and is updated at regular monthly intervals.

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