First 72: A Missing Person Investigator’s Race Against Time

First 72: A Missing Person Investigator’s Race Against Time

missing person investigation

If you watch a lot of crime dramas, either on television or on the silver screen, you might have heard a law enforcement character say something to the effect of, “You must wait 24 hours before reporting a person missing.” It surprises many Americans that this is a myth perpetuated by mainstream media to cover narrative plot-holes. In fact, waiting even a few hours can compromise a missing persons investigation, as the first 72 hours are the most important when investigators begin searching for a missing person.

Close your eyes and try to remember what you had for breakfast three days ago. If you have a repetitive routine, this might be easy for you. Unfortunately, when it comes to interviewing witnesses, investigators just aren’t that lucky. Dr. Bryanna Fox recently told ABC news, in an interview regarding the importance of time in any investigation, “The information that law enforcement gets tends to be a little more accurate, and they are able to act on the information and hopefully get that person who is missing quicker.” The passage of time is one of investigators’ greatest obstacles when it comes to missing person cases. Not only does time hinder a witness’s memory, but evidence is also lost and cannot be properly secured. Leads go cold as time is lost, and the trail slips through investigators fingers.

Those who report a person missing will be one of law enforcement’s greatest assets as a person closest to them, but the pool of human resources doesn’t end with their friends and family. As those close to the missing person begin to fill law enforcement in on their routine, investigators take that information and use it to piece together their movements in the hours before they disappeared. They interview members of the public who are affiliated with the person’s routine, such as their neighbors, coworkers, employees of the grocery store they frequent, hair stylists, mechanics, etc. Locating these witnesses as soon as possible is paramount to providing accurate accounts of what they saw, heard, or noticed during this crucial time frame. It’s important investigators retrace the missing person’s steps as soon as possible in order to gather any physical evidence that might lead to their whereabouts. Take a familiar scenario, for instance: A young woman leaving her job late at night is attacked and abducted between the business and her vehicle. The vicinity of this abduction is the initial crime scene. Time (and weather, if outdoors) can erode evidence of a struggle. Scientific methods and investigation procedures become less effective when technicians are unable to observe the crime scene in the same condition at the time of the abduction. Another common issue with the passage of time is securing video footage. Surveillance technology has become so ubiquitous in the United States many investigators, especially those in large municipalities may be able to track a perpetrator’s movements street to street, creating a partial road map to the missing person’s whereabouts. However, depending on the quality of this surveillance equipment, these devices may automatically recycle valuable footage before it can be preserved by investigators, thereby resulting in a dead end.

It’s not uncommon for a person to go missing on their own terms. Perhaps they want a fresh start, or they’re running from law enforcement. Adults are free to disappear, if that’s what they wish, but loved ones should still remain concerned. The first 72 hours of a missing person investigation can be the difference between life and death, as the missing person might be in danger. When law enforcement believe a missing person might not have vanished of their own accord, they classify the person as “missing endangered.” This classification is often reserved for minors under 18, or senior citizens over 65, but definitions vary from state to state.  In Indiana, endangered missing persons bulletins are often accompanied by a Silver Alert, which applies to senior citizens and adults who might be imminently harmed. Indiana recently began issuing Silver Alerts when children are reported missing as well to instantly distinguish the circumstances of their disappearance. For instance, a child who is abducted by a custodial parent or family member are often not in immediate danger, qualifying them for an Amber Alert. When there is evidence to the contrary, however, law enforcement in Indiana can issue a Silver Alert to classify the child as endangered missing. Dr. Michelle Jeanis, a criminology professor at the University of Louisiana, describes a horrifying reality that sends fretful parents into a tailspin. In the rare case of a stranger abduction, children are killed only a short time after they’ve been taken. Senior citizens and adults who may have disabilities, mental illnesses, or who are otherwise unable to take care of themselves are also at high risk. Consequently, time is of the essence when it comes to reporting these individuals missing so investigators can jump on their trail to ensure they are reunited with their families safe and sound.

Kierra ColesSocial media platforms and mainstream media coverage are two of the greatest assets for investigators working on a missing persons case. In tandem with their efforts to follow the trail, the media can publish press releases with the missing person’s picture, identifying information, and the circumstances of their disappearance. As smart devices continue to climb in ubiquity, this means members of the public can have all this crucial info in their hands in seconds. A woman having her hair set in a stylist’s chair may check her social media timeline to see an alert from local law enforcement about a runaway teenager they recognize from the bus stop on their commute. She can alert authorities so investigators can immediately follow that lead. This increases the chances the teen may be found safe and returned to their family. By the same token, members of the public may recognize composite sketches of abductors or other persons of interest.

Regardless of the circumstances surrounding a person’s disappearance, time is of the essence when it comes to an investigation. When reporting a friend or loved one missing, it’s important you are armed with all possible information for investigators. Deductive reasoning will allow them to shape viable leads to follow in pursuit of their trail. Any knowledge about their personal relationships, routine, and habits will prove more useful than expected. This information allows investigators to make the most of that crucial first 72 hours, increasing the chances the missing person will be found safe and reunited with their loved ones.

Protecting Your Child from Predators

Protecting Your Child from Predators

child safetyHow easy would it be to kidnap a child in a crowded place? Maybe the park, walking home from school or even sleeping in their own bedroom. Over again, we see parents of missing children making pleas for the safe return of their children on the news. We see the Amber Alerts and Facebook posts and immediately picture our own children’s faces, thinking “What if it happened to me?” A common reaction to something so traumatic. This is the reaction child predators elicit from their victims families every day.

A young child becoming the victim of a predator is every parent’s worst nightmare, but the fact is, it is happening every day to parents throughout the country and our own fears do not wane just because our children are getting older.

I am a parent of four grown children and a mother who has worked in the field of missing persons for over 25 years. Every day I interacted with parents who were desperately searching for their missing child. Their pain unimaginable. Very quickly I realized the crime of abduction does not discriminate based upon a child’s age.

Commonly, we think of small children when we hear the word kidnapping and we think as our children age, they are safer, but the fact is, they can become even more vulnerable as they approach adulthood. The fact is that chlid predators can predate at any age.

While teenagers are venturing out, without the protective eye of a parent, there is even more chance they can cross paths with a potential kidnapper. It is our responsibility as parents to guide our children throughout their lives and hopefully provide them with some tools that will keep them safe.

According to the National Center for Missing & Exploited Children (NCMEC), approximately 800,000 children are reported missing each year in the United States. That number accounts for nearly 2,000 per day.

The Federal Bureau of Investigation (FBI) estimates a relatively small number, approximately 115 of those missing children are abducted by strangers and listed as an “involuntary” abduction in the national database of missing children. However, this number does not account for children (to include teens), who are listed in the FBI National Crime Information Center (NCIC) in various categories such as “Endangered Missing,” “Runaways” or “Other.” Many of these disappearances are considered “long-term” with more than a year having passed with no resolution or explanation as to how or why the child disappeared. The fact is, we just don’t know, therefor accurate statistics impossible.

One thing we all can do as parents is prepare our children. Much of the following information and tools have proven to save lives.

  1. Communicate with your children

Predators do not look like the “Boogieman.” Strangers look like everyone else. Children need to understand that everyone is a stranger, even women and seniors. It is not about being unsociable, explaining this is about being cautious.

  1. Agree to a code word

Strangers have no business asking a child for directions or a lost pet. Many times, a predator will try to coerce a child into coming with them voluntarily without causing a scene by telling them they were sent by their parents to pick the child up. Agree to a simple “code word” like “Giraffe” or “Cheetos” that your child can remember and tell them to only trust an adult who knows the code word.

 

  1. Walking Away

Children should be taught to trust their instincts and walk away if a stranger approaches them. Though not all people are dangerous, it is always more important to be safe than being polite.

  1. Don’t put your child’s name on personal items

Children will tend to trust others who know their name. Never put your child’s name on personal items such as clothing or backpacks.

  1. Just scream

If approached, children should be taught to scream and run. This will scare away child predators. Reassure your child the likelihood of being approached by a stranger is minimal but should it happen, to scream “This is not my dad” or “Fire” while running away.

missing childThe stakes are high when a child becomes the target of a predator. It really is a matter of life or death. According to the FBI, statistically when a child is abducted by a stranger, the likelihood of recovering them alive diminishes with each hour that passes.

When a predator has targeted its prey, survival depends upon fighting back. For example, if approached with a knife or gun and told to get in a car, statistically the child or teen have more of a chance surviving if they fight back at the initial crime scene. Survival rates drop when a child is transported to a second crime scene.

  1. Communication

As children get older and spend more time away from parents, it is important to communicate openly with them. They need to know the dangers and reality of abduction without feeling fear which can be paralyzing.

  1. Not alone

Children should never answer the door when home alone or answer the phone and tell the caller their parent is not home.

  1. No compromises

Use the “Buddy System” and teens should always inform their parents where they are going and with who. No compromises.

  1. No shortcuts

Children should avoid shortcuts through empty parks, fields, and alleys. It is better to always remain in a well populated area to be safe.

  1. Life-saving technology

Use a GPS on their phone. There are free Apps such as Life 360. The App can be loaded on both the child’s phone and the parent’s phone and track location. Personally, my children are all grown with their own families now but my daughter and I both use Life 360 to keep tabs on each other. Though teens may demand their space, their safety trumps the right to privacy.

Remember, promote a home atmosphere that is open so kids can let you know what is going on in their lives. Child predators have been known to use distrust between parents and children in order to manipulate them. It is important to help them to have an understanding and confidence you want the best for them. Thomas Lauth has been in the private investigation industry for over 30 years, and in the cases of missing children, he stresses the importance of communication between parent and child, “We often get calls for missing children and teens. Once located and reunited with their families, we often educate parents or caregivers on tenets that would prevent this from occurring again. Regardless of circumstances, the most important thing is communication. Not only open and honest communication between parent and child, but communication safety concerning things like social media. In a world where young people are glued to their devices, it’s paramount that they remember to have awareness of their surroundings. Communicate, Educate, Communicate.”

Teaching children techniques to avoid an abduction and child predators

The window of opportunity to save oneself from danger might be seconds and children need to feel confident enough to make a split-second decision. Child predators are depending on a child’s fear to overpower and subdue them.  In addition to coercion, abductors use intimidation. There are some techniques you can practice at home to build their self-confidence should they ever be face to face with a kidnapper.

  1. Practice yelling “Stop, Stranger” or “Fire” to draw attention and yell as loud as they can.
  2. Practice the Windmill technique which means rotating arms in a big circle so a potential attacker can’t get a good grip.
  3. Practice the Velcro technique by having your child grab and hold onto something, not letting go. They should also learn to scream while doing this.

If a child is abducted and somehow placed in a vehicle, they should know they need to take any opportunity they can to escape while trying to keep a cool head. Child predators depend on hysteria to allow them to escape.

  1. Children should be taught not to be passive but proactive.
  2. Try to open the passenger side door quickly or jump in the back seat and try to escape through the rear doors.
  3. If placed in a trunk, they should be taught not to panic but to look for the “release” that opens the trunk upon pulling on it. Tear all the wires to the tail lights and brakes if possible.

I know this is a very serious and scary topic and just the thought of having to explain to an innocent child that some people are out to hurt them is incredibly uncomfortable, but when teaching others about fire safety, Benjamin Franklin said, “An ounce of prevention is worth a pound of cure.” It applies throughout life.

Kym Pasqualini is the founder of the Nation’s Missing Children Organization and the National Center for Missing Adults and worked with law enforcement and families of missing persons for over 25 years. Kym continues to work with media nationwide to raise awareness of missing children and adults.

Support for Families of the Missing and Mentally Ill

Support for Families of the Missing and Mentally Ill

support for familiesMissing and mentally ill persons are some of the most vulnerable in our society. When a loved one goes missing, those closest to them become law enforcement’s greatest asset. One of the tenets of any quality investigation is research and close examination of the subject’s habits. Clues to a person’s whereabouts or fate can often be found in their regular daily routine. However, when the missing person suffers from mental health issues, families and law enforcement are often without recourse.

A person vanishing without a trace or without warning is terrifying enough; one day they’re there, walking, talking, laughing, doing the things they love. Then one day, they’re not. The void left by that person creates shock waves in a community. Their families are rocked by their disappearance, sick with worry. Their friends do whatever they can to help with the search efforts—handing out fliers, talking to locals, giving law enforcement any relevant information. When the missing person has a mental illness, all of that anxiety is exacerbated to the nth degree. Erratic behavior and lack of routine can leave law enforcement without a place to start. And of course, the families still wring their hands while they wait for answers.

Because mental illness can often be a Rubix cube of complexity, there is a great need of resources for the families and communities of missing mentally ill. While it’s not uncommon for mentally ill persons to go missing, there is a disproportionate number of resources available for families and communities affected by the absence of a missing mentally ill person. Families need roadmaps with special focus on their loved one’s mental illness; checklists of crucial steps to take once it’s apparent they’ve vanished.  One of the largest champions of mental health awareness is the National Alliance on Mental Illness, or NAMI. Their online resources offer detailed but straightforward instructions for the caregivers of the mentally ill after they go missing. Steps like contacting law enforcement immediately, reaching out to the missing person’s friends, registering them with the National and Unidentified Persons System (NAMUS).

Once their loved ones are registered, NAMI educates their users on how they can do their part in assisting in the investigation. They educate families on how to make a flyer—what information, what sort of picture, how to get it noticed on the street. There’s also a detailed guide on creating a social media page or website so families can work towards getting your loved one’s face to go viral.

support groupsWhile media coverage of the disappearance is ideal, organizations like NAMI place a heavy emphasis on the use of social media as a tool. It is the world-wide web, after all. Constant sharing and re-sharing of the missing person’s poster online can drive a loved one’s name and face to trending status. In our social media-saturated culture, that kind of visibility is priceless. As long as sharing remains steady, someone will eventually recognize the missing person. People like Christopher Moreland, who walked away from their familiar environments while experiencing mental health symptoms, were eventually located due to the diligent use of social media. Constantly sharing Chris’s story on various social media platforms, his mother, Elise Cash reiterated again and again, “All it takes is ONE person to recognize Chris.” Her words proved true when she was contacted by a woman who lived 240 miles away, claiming she’d seen Chris in her town, living on the street.

A majority of missing persons with mental illness who disappear are older teens and young adults. As a result, there is no guarantee locating the missing person will end in a happy reunion. When Elise Cash saw her son again after all those years searching for him, he did not recognize her, and refused to return home with her. No authority in the land could compel him to return. Once law enforcement has located a missing mentally ill person, they cannot detain them for any reason unless they have broken the law, or are a danger to themselves or others. When loved ones choose not to come home—whether in their right mind or not—it can be very emotional for their friends and family. These affected parties should seek out their local NAMI branch by going online where they can find a wealth of resources and support groups for those with no other recourse. Caring for a person with mental illness is one of the most difficult things a person can do—even more difficult when you can’t care for them—so finding a well of support is paramount.

Ultimately, the internet is one of our greatest tools. Not only can its potential for being an information superhighway be utilized to spread a missing mentally ill person’s story, but it can also connect you to some of the best resources in North America. The most important thing, however, is communicating with one another—educating our communities on mental illness so they will be better equipped to assist in search efforts for mentally ill persons. Families of missing persons need stacked support from the circles around them while they search, and the internet helps connect those people together through Facebook groups, message boards, and instant messaging. A bonding agent for fragmented families to share their experiences and remind one another there is a vast network of people who can relate to what they’re going through.

 


Resources for Substance use disorder

Start Your Recovery is a groundbreaking website developed by bringing together experts in substance use disorder treatment from leading nonprofit, academic, and government institutions. You can learn more about us here. Through this resource, members of your community can:

Devastated: Missing Persons in Natural Disasters

Devastated: Missing Persons in Natural Disasters

natural disastersMany individuals who lived through natural disaster in the year 2018 lost loved ones to violent forces of nature. National news has been inundated, not only with updated death totals, but also long lists of names belonging to individuals who went missing during the disaster. The initial report in a missing persons case is a springboard for many complicated processes and procedures conducted by law enforcement and private investigators. Every relevant piece of information about the missing person must be collected, their last known whereabouts searched. If law enforcement determines the person is in immediate danger, or if they’re a minor, search teams are dispatched to the surrounding areas. The family makes themselves sick with worry. Spreading like a crack in a dam, the web of processes that stem from the first report can cause a cacophony of confusion. Now imagine that multiplied by five, or ten times. Or 1,276 times.

At its peak, that was the highest estimated number of missing persons during the coverage of California’s Camp Fire. Often, stories about mass groups of people vanishing are couched in mystery, intrigue, or even the paranormal, like the disappearance of the infamous Roanoke Colony that vanished off the coast of present-day North Carolina. Or Flight 370 of Malaysia Airlines, which was carrying 239 passengers and crew to Beijing when it mysteriously went missing over the South China Sea in 2014. In 2018, however, instances of long lists of missing persons following a single event have been instigated by tragedy—not intrigue.

State officials addressing this number have assured the public this number is an overestimation. One of the most complicated aspects of searching for missing persons during and after a natural disaster is the major breakdown in communication. During a natural disaster, individuals will often report loved ones missing when they are unable to contact, which could be for a myriad of reasons (downed power lines, lack of Wi-Fi, displacement, injury, etc.) After a few days, the loved one is able to establish a lifeline and is able to reach out to their family and friends. State officials claim  the reporting individuals often do not call to follow up with emergency operations teams to let them know their loved one has been located.

hurricane michael Like in cases of individuals going missing, survivors of Hurricane Michael have had to turn to crowdsourcing in order to track down missing loved ones, an effort crippled by a devastated infrastructure and incapacitated communication systems. Police departments have become inundated with missing persons reports and individuals are turning to multiple entities in order to get answers to the whereabouts of their loved ones—individuals like Tracey Stinson of Fort Walton Beach. Her father lived in Youngstown at the time of the hurricane, and had not heard from him in many days. “I actually tried calling a store he shops at that’s near his home that was gone. So I was unable to reach them so then the next step was contact the sheriff’s office. I just kept calling every several hours to see if I could catch them with a phone line that was operating and there was no luck.”

Desperate parents and loved ones also combed Facebook for news or tips, and implored others for any information they might have about missing loved ones. Despite a classification of a Category 4 storm, there were many in the panhandle who doubled down inside their homesteads, rather than evacuate.

One of these people was Nicholas Sines, who lived in Panama City. His mother, Kristine Wright, begged him to go to a shelter before the storm ripped through the city. But Nicholas was steadfast, “I’m staying here.” Kristine went six days without hearing from her son before she took to Facebook, imploring other users to share any information they might have. “I’m not sleeping, I’m not eating,” she told The New York Times. “As his mother, my heart hurts.” It goes beyond earnest timeline posts and comments, however.

crowdsourcing missing person In 2014, following the terrorist attacks on Paris that claimed 129 lives, Facebook launched what’s known as its Safety Check Feature. The Safety Check Feature is turned on by Facebook administrators in the wake of any type of displacement disaster, whether it be natural or at the hands of man. The system sends out a notification to users in the effected area, prompting users to mark themselves as “safe,” if they are able. This action places an item in the user’s feed that will alert others on their friends list that they are okay.

Social media is not the only recourse for those desperate to get in touch with a missing loved one in the wake of a natural disaster. Platforms like CrowdSource Rescue have been connecting concerned individuals with their loved ones living in areas effected by natural disasters. It allows citizens to file a report for a missing person, which places their data on a map that directs rescue teams to the most affected areas. Company co-founder, Matthew Marchetti, told NPR, “We’re like a ride share company for disasters.”

Camp Fire Unfortunately, hurricanes were not the only natural disaster erasing entire communities in 2018. In a gross irony, the town of Paradise, California was reduced to a pile of smoldering rubble after it was consumed by a behemoth wildfire. The pictures of the devastation are truly haunting, evoking scenes from post-apocalyptic Hollywood films. Before the blaze erupted, Paradise was a town of around 27,000 people. It’s beautiful sights and small-community atmosphere made it a popular place for retirees to begin the third act of their lives. As such, a majority of the remains pulled from the debris and wreckage were found to be retirement age or older.

The California Camp Fire will go down in the history books as the deadliest and most devastating wildfire the nation has ever seen. Officials have only recently announced the fire has been 100% contained with fire-lines. It burned 150,000 acres (ten times the size of Manhattan), claimed the lives of 85 Californians, and left thousands displaced and homeless in tent cities. In the chaos, 200 people are still unaccounted for. In the past few weeks some reports listed the number of missing as high as 1,276 on November 17th, but just like the circumstances during Hurricane Michael, that number dropped dramatically once displaced Californians were able to find a line of communication to their families.

Investigators have been working for months attempting to identify the source of the California Campfire, but no single cause has yet to be determined. Meanwhile, rescue officials are still sifting through the rubble. Kory Honea of the Butte County Sheriff’s Department told the Huffington Post that they could not say with certainty how long the search will take, “My sincere hope is the majority of people on that list…will be accounted for.”

The dramatic drop in the number of missing is not unlike that of the Sonoma County Tubbs Fire in 2017. The number of missing during the Tubbs Fire was almost double that of the Camp Fire, but dropped to just 22 as individuals were located or found deceased. However, during the Tubbs Fire, search and rescue officials opted not to publish the names of those feared missing under caution during a disaster that was constantly in flux. Kory Honea had a different mindset: Publishing the list meant drawing out information from the public that could help officials whittle the list of missing from a sequoia down to a splinter. When questioned about whether or not possible inaccuracies on the list might cause issues, Honea said, “I can’t let perfection get in the way of progress. It is important for us to get the information out so we can get started identifying these individuals.”

Identification of the remains found is a grueling process, not only for officials involved in Camp Fire, but any natural disaster in the United States. Officials in paradise have collected DNA samples from those who tragically perished in the inferno, but are left with little recourse to identify them without help from the public. Jim Davis, the Chief Federal Officer of ANDE told ABC, “The only way we can identify those people is to have family members submit reference samples so we can match the two.” At the Family Assistance Center in Paradise, ANDE collected 68 family donor samples, but it’s nowhere near enough. Hundreds of family samples will be needed in order to confirm victims’ identities. Davis attributes the community’s hesitance towards this identification measure to the bleak confirmation of their loved one’s tragic demise, “As we’ve collected samples from people, you know we see this emotion that comes with accepting the possibility that their loved ones are gone.”

Since the development of DNA forensic technology, mass collection and catalog of DNA samples has been the subject of privacy debate. While everyone has a right to privacy, there are monumental benefits to a large database of DNA samples that go beyond victim identification. As such, legal professionals at Fordham University issued a report proposing principles that find the middle in the DNA privacy debate. The abstract reads:

“The report offers a roadmap to the legal and policy issues surrounding privacy and missing persons following natural disasters. It provides strategies that humanitarian organizations, private sector organizations, volunteers, and policymakers can pursue to help those affected by major natural disasters… the report recommends that those developing technologies to share information about missing persons implement design principles that carefully balance privacy consistent with existing legal obligations. The report also calls on privacy policymakers, legislators, and regulators to take steps to clarify how privacy rules apply to missing persons activities in identified key areas so that missing persons activities can proceed without the threat of legal liability.”

Rescue officials have the monumental task of containing a natural disaster, searching the effected area for victims of its fatal destruction, and finally giving names to the remains—a process that can take weeks or even months. Meanwhile, Americans across the nation wait with bated breath for information about their loved ones living in or around Paradise, California. Relief organizations from FEMA to the Red Cross have online resources with steps private citizens can take to find information about missing persons after a natural disaster. While the reality of submitting one’s DNA for identification purposes might impose an emotional toll that’s too great for some, it is one of the most effective way to get definitive answers. Families can find closure in knowing the fate of their lost relative or friend.

The Red Cross offers many tips and strategies for locating and reaching out to loved ones that go beyond the straightforward. In addition to calling other family members and utilizing social media tools, individuals are also encouraged to call or visit places their loved one was known to frequent, like Tracey Stinson did when she asked around at her missing father’s usual grocery store. Resources also recommend calling during off-peak hours to increase their chances of getting through to an operator or official.

Following Camp Fire, many families and single individuals spent their Thanksgiving in warehouses, shelters, and tent cities in grocery store parking lots, with everything they own in a few small suitcases. For many, there is no home to return to when the natural destruction is finally snuffed out. According to relief organizations throughout the United States, the name of the game now is reunification—doing whatever is possible to reconnect those displaced by tragedy to their remaining loved ones. For example, one of the many reunification resources offered by FEMA is a collaborative effort with the National Center for Missing and Exploited Children, supporting all measures to return minors under the age of 21 to their parents or guardians. The American Red Cross has a similar database project called Safe and Well, which is an online database designed to help reunited families. Regardless of the scale of the disaster, Safe and Well is administered 24 hours a day, 365 days a year, and works closely with the local Red Cross Chapter of the area in question. While many will experience the miracle of reunification, the terrible reality is that so many more will be left with unanswered questions.

Carie McMichael is the Communication and Media Specialist for Lauth Investigations International. She regularly writes on investigation and missing persons topics. For more information, please visit our website.

How to File an Insurance Claim for a Missing Person

How to File an Insurance Claim for a Missing Person

The FBI’s National Crime Information Center (NCIC) contains over 89,000 active missing persons cases (as of May 2018). That’s over 89,000 families who are left with a gaping hole in their lives and in their households—missing fathers who taught their children to ride bikes and were never too busy to help out with a science project—mothers who made PB&J sandwiches just right, and never forgot to leave the hall light on. Most notably, many families are left without half of their household income when a parent or guardian goes missing. The missing person may have set up a life insurance policy to ensure their families would be cared for in the event of their death, but stymied law enforcement have recovered no remains, so the insurance company refuses to pay out. The family is left without any soil to begin filling the hole where the missing loved one once stood.  

The emotional roller coaster that ensues when a loved one goes missing is fraught with fear, confusion, and desperation for answers. Every waking moment, you wring your hands, hoping the loved one is safe and simply unable to communicate for rational reasons. Days go by—you cooperate with investigators and give them all the available information you have on the missing person. Weeks pass, but life goes on, even amidst a tragedy. When you consider the financial ramifications of picking up after a partner or spouse vanishes, the numbers are discouraging. A 2012 report by Legal Momentum determined the median income for two-parent families was $89,455. The median income for a single mother household was $25,493, while a single father’s income is $36,471. Those single parent incomes account for 31% and 40% of the two-parent income, respectively. How is a single parent suddenly supposed to take care of their family when nearly half their household income evaporates following the disappearance of their partner or spouse?  

In the days or weeks following the death of a parent or loved one, the beneficiary of their life insurance policy will contact the company and submit a death certificate to prove the owner of the policy is deceased. In the case of a missing person, there is no death certificate without first coordinating what is called a “presumption of death.” The Indian Evidence Act, Section 108 states presumptions of death can only be made when a person has been missing for at least seven years from the date of the initial missing persons report. This is known as the First Information Report (FIR). After the mandatory period has passed, the beneficiary may receive the claim.

In addition to the too-familiar scenarios normally surrounding missing persons—people who run away, people who are abducted, people who fall off of cruise ships or disappear from trails in national parks, etc.—other events that often fall under this legislation are missing persons who vanish during the calamity of natural disasters, such as tornadoes or hurricanes. After the flood that devastated Uttarakhand in 2013, P Chidabaram, the Finance Minister of India, asked the country’s largest life insurance provider, Life Insurance Corporation of India, to waive the traditional seven year period, having the company sign indemnity bonds so claims could be closed swiftly. The 2018 Atlantic hurricane season was particularly devastating, with two of the total eight hurricanes rated a category three or above. Hurricane Michael tore through the Florida panhandle like tissue paper, blowing Mexico Beach completely off the map. Initially, 285 people were unaccounted for in the town’s population, but was later reduced to 46 as residents were either located post-evacuation, or rescued from the wreckage. The California Camp Fire has killed 60 people to date—the deadliest in history—has displaced thousands of families attempting to outrun the flames, with many unable to contact their loved ones and let them know they’re safe. On November 14, 2018, the Butte County Sheriff’s Office released a list of 103 people who have been reported missing since the blaze began. “If your name is on the list, it means that someone is looking for you,” Sheriff Kory Honea said. “Let us know that you’re okay, so that we can stop our search for you and start looking for someone else.” That list has now swelled to 300 names and is expected to continue climbing.

mike williamsWorking closely with law enforcement is a major tenant of a successful claim on a missing persons’ life insurance policy, particularly on the presumption of death. The Indian Evidence Act only requires a beneficiary to wait seven years from the date of the FIR before filing the claim, but depending on where you live in the United States, law enforcement can use evidence to prove a missing persons’ death, even when a body cannot be found—for example, the case of Mike Williams, a man who went missing on a duck-hunting trip in Florida in 2000. Police found his boat floating abandoned on Lake Seminole, which prompted them to drag the lake in search of his remains. When no trace was found, authorities formed the theory Mr. Williams had fallen off the boat and was subsequently eaten by alligators. This theory of the accident explained why no body was ever recovered, allowing his widow to obtain a death certificate and collect on his $1 million-dollar insurance policy. Seventeen years after her husband was reported missing, Denise Williams was indicted on murder charges after her second husband (and Mike’s best friend), Brian Winchester confessed to killing Mike in conspiracy with his wife for the insurance money.

Law enforcement’s theory about Mike Williams disappearance created a loophole you could drive a truck through, but not all beneficiaries of life insurance policies can depend on this loophole. In some states, with the help of legal representation, beneficiaries of the missing insured can begin legal proceedings that would accelerate the issuance of a death certificate, but this comes with a much higher burden of proof, and demands a pool of evidence that would stand up to the most thorough, independent investigation procedures. In the event such evidence of death cannot be found, there is a procedure in place for those who must wait seven years following the filing of a FIR. After seven years, the beneficiary of the insured, or the heir of the insured, must submit the following documents to the insurance company:

  • Claimant’s statement form signed by the nominee of the legal heir
  • Copy of the FIR and the missing person’s report filed with the police
  • Original policy contract documents or indemnity bond
  • Copy of death certificate, or a court order presuming the person is dead after the lapse of seven years

When a loved one goes missing, a family is left in a stasis, paralyzed by their fear and ‘what-if’ games while the world selfishly continues to spin. Eventually, families need to pick up the pieces, a process eased by the financial support set up for them by the missing insured, but only if they can file a claim. If you have recently set up a life insurance policy for your family, educate them on the process of filing a claim should you go missing without a trace.