Just in Case...Parental Guidelines
in finding professional help in case your child is missing or the victim
of sexual exploitation
Families faced with the problem
of a missing or sexually exploited child may benefit from the help of
a knowledgeable and experienced professional. In missing-child cases
of all types, parents may need to call upon the services of a qualified
and experienced therapist to help them deal with the family stress during
the missing event, child recovery and family reunification, or the grieving
process if the child is recovered deceased. In family-abduction cases
in particular, the searching parent will need an attorney to assist in
filing a civil legal action, recovering the child, and ensuring that
law enforcement bring the abductor parent to justice. In cases of child
sexual exploitation and abuse, therapists and physicians are helpful
both in diagnosing that abuse took place and treating the problems caused
by the abuse.
The National Center for Missing & Exploited Children, in cooperation
with the National Resource Center on Child Sexual Abuse and the Center
for the Study of Trauma at the University of California at San Francisco,
has compiled these guidelines for parents on finding professionals—therapists,
physicians, and attorneys—
to assist in treating and resolving cases of missing or exploited children.
Counseling in Cases of Missing or Exploited Children
Child disappearance for any reason—whether a nonfamily abduction,
family abduction, or runaway episode—is a loss that usually creates
extreme stress within families. Parents and the other children in the
family may experience anxiety, fear, sadness, anger, or guilt. While
there may be little prior life experience to prepare families for this
traumatic event, each family develops its own way of coping. In some
instances, the other children in the family may be forgotten or ignored
due to all of the attention being given to the missing child. You may
choose to rely on your own resources along with the support of relatives
and friends. Other families, however, may find that counseling can give
family members the opportunity to express and better cope with their
thoughts and feelings about the disappearance, reorganize family responsibilities,
and keep communication open during a difficult and often painful period.
Every family with a missing child hopes for a successful recovery.
This recovery, however, is only the first part of a family reunification
process. The family and the recovered child will need to discuss their
experiences during the missing event and then begin to rebuild family
life. Because the experiences of child victims of nonfamily abduction,
family abduction, or a runaway episode may be very different, the tasks
of the family and the recovered child during reunification may vary.
If your child has been abducted by a nonfamily member, reunification
counseling should begin with an evaluation of the impact of the missing
event upon both your family and child, as well as an assessment of your
coping efforts. Nonfamily abductions frequently involve physical, sexual,
or psychological abuse of the child. Your child may have been told that
family members who were “left behind”
were dead or that they no longer wanted the child. Efforts will have
to be made to reassure your child that the separation was involuntary
and overcome your child’s possible feelings of alienation. Family
members need to be patient with the child during the reunification process.
While family counseling fosters the communication essential to rebuilding
family life, individual counseling of the child may be necessary to address
fears and traumatic experiences your child may be reluctant to express
in a family setting. In cases of extreme tragedy in which your child
dies while missing, your family will need counseling to help cope with
the grief and other feelings. At some point, support groups may be helpful
to you by joining with others who have experienced a similar loss.
If your child has been abducted by the noncustodial parent, reunification
counseling may need to address the child’s feelings of separation
or loss from the abductor parent. The custodial parent may find it difficult
to talk with the child about such feelings, in light of his or her own
anxiety or anger toward the abducting parent. Counseling can make it
easier for such reactions to be discussed.
The act of running away usually results from a combination of unresolved
family problems and individual problems. Counseling can be helpful in
identifying these issues, reducing the impact of the problems, and preventing
future runaway incidents. Counseling should address all events that occurred
during the runaway incident, as runaway children are at high risk for
substance abuse, sexual exploitation, and sexual and physical abuse.
Your child may have left a situation within the home or in some other
area of his or her life that the parents may not know about. It is important
to allow your child to acknowledge these contributing factors and for
the family to address the problems that drove the child to run away in
the first place. If these issues are not addressed, the child may become
a habitual runaway.
When a child has been sexually exploited or abused, the child should
be seen by a therapist as soon as possible after disclosing the abuse.
Therapy can help your child understand that he or she is not to blame
and can help him or her cope with the overwhelming feelings of guilt
and shame that some children have. While physical evidence of sexual
abuse is often lacking, have your child examined by a physician to make
sure that he or she has not been physically injured during the abuse.
If law enforcement or childprotective services have not already taken
your child to a therapist or physician as part of the investigation,
you should seek such a professional on your own. A child who appears
to be coping with the abuse initially may not have come to grips with
what happened or may be in denial. Children may only tell part of the
story about abuse until they feel comfortable and secure enough to disclose
the whole story. Seek referrals for qualified individuals from the other
professionals who are helping you.
Finding a Therapist or Physician
In order to be helpful to you, a therapist or physician needs to have
training and experience in dealing with child-sexual exploitation and
abuse or issues related to family reunification. Most states have a child-protection
team composed of trained professionals who investigate cases of abuse
and who make recommendations for intervention.
What to Look For in a Therapist
- Your therapist should have an advanced degree in a recognized
mental-health specialty such as psychiatry, psychology, social work,
counseling, or psychiatric nursing. Advanced degrees are master’s
degrees (M.S.W., M.S., M.A.) and doctorates (M.D., Ph.D., Psy.D.).
Make sure that your therapist is licensed to practice as a therapist
in your state.
- In cases of missing children, your therapist should have specific
knowledge about the consequences to the child and family following
child disappearance, legal issues surrounding child search, and child
recovery and family reunification. Therapists with proper degrees
and credentials who lack this specific knowledge may be useful if
they are willing to seek educational material on the subject. NCMEC
has a publication, titled Recovery
and Reunification of Missing Children: A Team Approach,
that may be helpful to the professionals who are working with the
missing child and his or her family.
- In cases of child-sexual abuse and exploitation, your therapist
should have special training in child-sexual abuse and exploitation,
know how it affects children and adults, understand how to place
responsibility on the abuser, and have a treatment plan.
What to Look For in a Physician
- Your physician should have board certification in a relevant medical
specialty such as pediatrics, family practice, or obstetrics/ gynecology.
Board certification means that the doctor has had specific training
and experience in that area of medicine after medical school and
then passed an examination in that specialty.
- Your physician should have particular experience in conducting
medical evaluations of children for sexual abuse and exploitation.
Child-sexual abuse and exploitation cases may involve complex issues
about diagnosis, evidence collection, and treatment for sexually
transmitted diseases.
In cases of child-sexual abuse or exploitation, your therapist or physician
should have knowledge about the legal issues involved in child-sexual
abuse and exploitation (especially the laws about reporting child-sexual
victimization), procedures used by law enforcement and protective services,
evidence, and expert testimony in your state. If you find that you need
a therapist or physician with knowledge of or experience in testifying
in court about your child’s assessment and treatment, consult with
a prosecutor or other attorney. Many states have now established child-advocacy
centers that provide all of the above-referenced services under one roof.
Check with your law-enforcement agency or child-protective-services agency
to see if a child-advocacy center is in your community.
Where to Find a Therapist or Physician
Many communities have special programs for treating child-sexual abuse
and exploitation or have therapists with experience in certain areas.
As services to families of missing children represent a relatively new
field, however, it may be difficult to find therapists with this specialized
training in your community. You may find reputable therapists in your
community through the organizations noted below.
- Nonprofit service providers serving families of missing or exploited
children
- Local psychological or psychiatric association referral services
- University departments of psychology or psychiatry
- Child-protective-services agencies
- Rape-crisis or sexual-assault centers
- Family-court services of court-appointed, special-advocate (CASA)
groups
- Crime-victim-assistance programs in the law-enforcement agency
or prosecutor’s (district attorney’s) office
Dealing with Your Therapist or Physician
When you have located a therapist or physician, it is reasonable to
ask about his or her experience and training in dealing with a particular
problem. If you are not satisfied, find another professional. Even if
you pay a reduced fee or receive services at no cost, you have the right
to have a therapist or physician with the proper training and experience.
You may wish to express a preference for a male or female therapist or
physician.
Discuss your child’s situation openly, completely, and honestly.
Trust your feelings and your child’s feelings. You and your child
should feel comfortable with the therapist or physician, even if the
examination or assessment process creates feelings of guilt or shame.
If you are not comfortable with your therapist or physician, discuss
this discomfort openly. If this discussion does not produce positive
change, request another therapist or physician.
Provide a complete history so that the professional can properly assess
and treat your child. Try to cooperate as fully as possible and help
the child cooperate with the therapist or physician. Ask questions if
you do not understand what is happening. Be open and candid in providing
information to the therapist about your child and your family. This information
may be helpful in formulating a treatment plan.
Discuss the fees for examination, and find out what is covered by health-insurance
benefits that you may have. Ask for a written statement that explains
the basis for charges. Your law-enforcement agency or district attorney’s
office can tell you if your state has a crime-victim-assistance program
that will pay for necessary counseling and medical treatment.
During an investigation of child-sexual abuse or exploitation, or during
therapy or the medical exam, you may be told that there is no evidence
of victimization. There may be many reasons for the lack of evidence,
but this does not mean that your child may not have been sexually victimized.
And, conversely, behavioral changes may have been due to causes other
than sexual abuse such as a medical, family, or school problem.
Even though no physical evidence was found, the therapist or physician
may still be able to testify in court about the evaluation and discuss
the fact that your child was abused. It is important for the therapist
to continue seeing your child, even if the court does not find that sexual
abuse or exploitation occurred.
Note: All medical professionals and therapists have
a code of ethics that they must follow. It is always wrong
for any professional to be abusive or act in a sexual way with a client.
If you believe that your therapist or physician is acting inappropriately
or is not keeping you informed about the assessment and treatment, discuss
your concerns openly. If this discussion does not produce positive change,
talk to his or her supervisor or contact a professional or medical association
for more help. Do not stay in a therapy situation that makes you or your
child uncomfortable.
Finding an Attorney
The services of an attorney may be helpful at any time during the investigation
of a case of a missing or exploited child, but they are particularly
important if you are facing one of the situations noted below.
- Your child is the victim of family abduction, and you need to obtain
a custody order, file criminal charges against the abductor, and
encourage law enforcement to investigate and the prosecutor to prosecute. Note: If
your child was taken to another state, you may have to hire a second
attorney to enforce the custody decree in the state to which your
child was taken.
- You are considering separation, divorce, or dissolving a nonmarital
partnership and want to prevent a family abduction. Or, you want
to stop visitation or are considering separation or divorce because
your child discloses sexual abuse or exploitation. Whether or not
you are legally married, you should obtain legal custody of your
child. To obtain a custody order, you must file legal papers, called
pleadings, in the family court. It will be much simpler to do this
if you get the assistance of an attorney.
- You want to sue someone who sexually abused or exploited your child.
- You want to sue an agency or institution that failed to protect
your child from sexual victimization.
Note: You do not need an attorney
merely because your child is testifying in a criminal case regarding
abduction or sexual exploitation. You can inquire whether or not your
child will be appointed a guardian ad litem or courtappointed special
advocate to assist in the court process. Your child may also receive
assistance from a victim-witness advocate through the state prosecutor’s
office. You may want to consult an attorney, however, if you have questions
that the prosecutor or these other professionals cannot answer.
What to Look For in an Attorney
Missing-child cases and cases of child-sexual abuse and exploitation
can have complex legal issues. Parents should consider the items noted
below when hiring an attorney.
- Legal advice should come only from an attorney.
- Your attorney should be licensed to practice in the state where
the case arose, and/ or where any trial is likely to occur. Only
a lawyer licensed in that jurisdiction will know the laws that will
apply in order to advise and represent you competently.
- If your child is missing, your attorney should be familiar with
criminal parental kidnapping laws, the Uniform Child Custody Jurisdiction
Act (UCCJA), the Parental Kidnapping Prevention Act (PKPA), and child-abduction
lawsuits.
- If your child has been sexually exploited or abused, your attorney
should be familiar with child-abuse and neglect investigations, the
laws about custody and visitation, and new procedures that may be
used in trials when a child is a witness. If a parent has been involved
in the abuse, there may be issues surrounding child custody and visitation.
- Your attorney should be experienced in conducting trials, especially
trials in criminal and family court. For example, cases regarding
child-sexual abuse and exploitation may require complex pretrial
and trial procedures.
- Your attorney should be honest with you about the case. He or she
should represent your interests vigorously. Moreover, your attorney
should treat you and your child with courtesy and respect.
Where to Find an Attorney
The agencies and organizations noted below may be able to help you
find an attorney.
- Nonprofit service providers serving families of missing and exploited
children
- Lawyer-referral services of the local or state bar association
- Legal aid office, if you think that you are financially eligible
for free representation
Dealing With Your Attorney
After you have identified one or more attorneys close to your home,
call for an initial consultation. This is usually not expensive, and
sometimes it is free. Describe your situation openly, completely, and
honestly. An attorney is not allowed to reveal what you say to him or
her during your discussions, even if you later choose a different attorney
to represent you. You should provide all the facts so
that your attorney can properly advise and represent you. Ask about your
attorney’s experience and training and, if you are not satisfied
with the answers, discuss them further or seek another attorney.
Trust your feelings, and choose an attorney with whom you feel comfortable.
When you have decided upon an attorney, discuss the attorney’s
fees and court costs, and ask for a written statement that explains the
basis for charges. If the attorney quotes an hourly fee instead of a
total charge, ask for an estimated total based upon past cases. Request
a copy of each document and correspondence that your attorney prepares
on your case.
Note: If you have a complaint against your attorney,
first try to resolve it with a frank and open discussion. Remember that
every case has a “winner” and a “loser”; you
may be disappointed in the outcome of the case even though your attorney
represented you competently and vigorously. If you believe that your
attorney acted unethically, you may make a complaint to the state bar
association.
National Center for Missing & Exploited Children
The National Center for Missing & Exploited
Children (NCMEC), established in 1984 as a private, nonprofit organization,
serves as a clearinghouse of information on missing and exploited children;
provides technical assistance to the public and law-enforcement agencies;
offers training programs to law-enforcement and social-service professionals;
distributes photographs and descriptions of missing children worldwide;
coordinates child-protection efforts with the private sector; networks
with nonprofit service providers and state clearinghouses on missing-person
cases; and provides information on effective legislation to help ensure
the protection of children per 42 USC § 5771 and 42 USC § 5780.
A 24-hour, toll-free telephone line, 1-800-THE-LOST
(1-800-843-5678), is available in the United States and Canada
for those who have information on missing and exploited children. The
toll-free number when dialing from Mexico is 001-800-843-5678, and the
“phone free” number when dialing from Europe is 00-800-843-5678.
The CyberTipline for online reporting is available worldwide at www.cybertipline.com.
The TDD line is 1-800- 826-7653. The NCMEC business number is 703-224-2150.
The NCMEC facsimile number is 703-274-2200. The NCMEC web-site address
is www.missingkids.com.
Prepared by the National Center for Missing &
Exploited Children (NCMEC); the National Resource Center on Child Sexual
Abuse; and the Center for the Study of Trauma, University of California,
San Francisco. Many thanks to Daniel D. Broughton, M.D., Mayo Clinic;
David Lloyd, J.D., formerly with the National Resource Center on Child
Sexual Abuse; the late Christopher Hatcher Ph.D., Loren Brooks, Ph.D.,
and Cole Barton, Ph.D., Center for the Study of Trauma, University of
California at San Francisco; John B. Rabun, A.C.S.W., NCMEC; and Michelle
P. Spring, formerly with NCMEC.
The National Center for Missing & Exploited
Children (NCMEC), a national clearinghouse and resource center, is funded
under Cooperative Agreement #98-MC-CX-K002 from the Office of Juvenile
Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department
of Justice.
The National Resource Center on Child Sexual
Abuse is an information, training, and technical assistance center designed
for all professionals working in the field of child-sexual abuse and is
funded with the support of Grant #90-CA- 1359 from the National Center
on Child Abuse and Neglect, Office of Human Development Services, U.S.
Department of Health and Human Services.
At the time this brochure was written, the Center
for the Study of Trauma was the only university center devoted to the
study of abduction and disappearance. The Center’s research implements
a systematic approach which recognizes that problems of abduction and
disappearance require analyses from the perspectives of psychology, criminal
law, civil law, and sociology.
Points of view or opinions in this work are those
of the authors and do not necessarily represent the official position
or policies of the U.S. Department of Justice or U.S. Department of Health
and Human Services. National Center for Missing & Exploited Children®
is a registered service mark of the National Center for Missing &
Exploited Children.
Copyright © 1990 National Center for Missing
& Exploited Children. All rights reserved. |