Darkscan

Digest for American Reporting of Known or Suspected Child Abuse and Neglect

(Varied)  SPECIAL CASES

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The following items are expanded from a posting by the U.S. Department of Justice, Child Exploitation and Obscenity Section.  [https://www.justice.gov/criminal-ceos/report-violations]

Child Custody and Visitation                                  Not covered elsewhere in this Digest.

·       In some cases, this might concern kidnapping within the country by a parent. For help, contact local or state law enforcement. (See directory at usacops.com).

·       Also, a missing child may also be reported (in parallel) to the National Center for Missing and Exploited Children (NCMEC) at 1-800-The-Lost (1-800-843-5678).

·       See “International Kidnapping by a Parent” below if that is relevant.

Child Pornography                           See the FTC note below and this Digest’s relevant section: Internet; and other federal, state, and territory sections.

Child Sexual Abuse                          See applicable jurisdiction section (native, military, sports, other U.S. lands, air / sea / foreign, Internet if apt, or states and territories)

Child Support Enforcement                                    Not covered elsewhere in this Digest.

·       In some cases, this might concern neglect or abandonment by a parent.

·       For help, contact local or state law enforcement. (directory at usacops.com).

·       This is federally investigated only by referral from local or state agencies. See the U.S. Department of Health and Human Service’s (HHS) Office of Inspector General (HHS/OIG) website at https://oig.hhs.gov/fraud/child-support-enforcement/

·       By law the federal HHS Office of Child Support Enforcement provides enforcement services upon request, through local “Title IV-D” agencies. For background, see Child Support Resource Guide for State IV-D Directors 2nd edition, July 2021,

Extraterritorial (out-of-country) Sexual Exploitation of Children          

                                                                                    Not covered elsewhere in this Digest.

·       This concerns any forced activity that someone cannot leave – commercial sex, housework, farm work, etc. If you suspect a trafficking situation, contact the National Human Trafficking Resource Center (NHTRC). Use the call, text, or chat options if it was in the last 24 hours or is urgent. Accessible in 170 languages; anonymous; confidential.

o   HOTLINE 24/7 (Toll-free phone):  1-888-373-7888

o   TTY (for hearing/speech disabilities):  711

o   HOTLINE TEXT (Message rates may apply):  233733 (text “BEFREE” or “HELP”)

o   HOTLINE CHAT:  www.humantraffickinghotline.org/chat 

o   ONLINE TIP / REPORT:  https://humantraffickinghotline.org/report-trafficking

o   This uses a form sent to law enforcement for investigation and action.

o   EMAIL:  help@humantraffickinghotline.org  (the response may not be immediate)

o   NHTRC are mandated reporters who may need to break confidentiality if (1) a minor is trafficked or otherwise abused, harmed, or neglected, or (2) anyone who is reported has a specific intent to take lethal action against themselves or others.

o   NHTRC is non-profit, nongovernmental, and works with law enforcement agencies. It can provide help, referral to services, training, and information.

o   REPORT DETAILS: (a) trafficking type (sex and/or labor); (b) description of situation; (c) date/time of observing situation, and is it ongoing; (d) city & state if known and any other details (for online exploitation, see the Digest’s Internet section instead); (e) the number of potential victims; (f) the estimated age range (<14; 15-17; 18-21; >22; unknown); (g) potential victim(s)/survivor(s) info and anything known of name, birth date, gender, phone #, residential address, email address, citizenship / legal permanent residence / foreign national / green card; (h) immediate safety concerns and threats to victim; (i) [required] did the person ask for help [yes / no / prefer not to say]; (j) [required] has this been reported to another law enforcement agency, and if so, which (with report numbers, contacts, action take, and date of report); (k) does the potential victim want police involved [yes / no / prefer not to say]; (l) can the reporter share the hotline phone and text numbers with them [yes / no / prefer not to say]; (m) any info about traffickers (full name, age / birth date, phone no., residential address, email address, etc.); (n) other comments; (o) [optional] reporter information including first and last name, email address, phone number, whether a message may be left [yes / no], consent to sharing reporter’s contact info with outside law enforcement so they can follow up [yes / no], city, state, gender, affiliation if any, how reporter found the hotline, and search terms used to find it on Internet, if any.

·       Incidents and suspicious situations in out-of-country sexual exploitation of children may also be reported to Immigration and Customs Enforcement / Homeland Security Investigations (ICE) by calling the ICE hotline at 1-866-347-2423 (1-866-DHS-2-ICE, toll-free only from U.S. and Canada) (TTY 1-802-872-6196) (outside the U.S., call the tip line at 1-802-872-6199. You can also email ICE at predator@DHS.gov. 

FTC Violations                                                           Not covered elsewhere in this Digest.

To report (1) individuals engaged in (2) fraudulent or unfair trade practices involving any of (3) unsolicited emails, porn-spam, media violence (in child or youth entertainment), or identity theft, file a consumer complaint online with the Federal Trade Commission (FTC) using a form at https://www.ftccomplaintassistant.gov/

·        This may be in addition to or instead of the report options shown above for pornography and other child sex-related, Internet-based violations.

International Kidnapping by a Parent                    Not covered elsewhere in this Digest.

·        Contact the U.S. Department of State, Office of Children's Issues, at (202) 312-9700, or visit https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction.html

o   If you believe your child is in the process of being abducted by a parent, legal guardian, or someone doing it for them, call: 1-888-407-4747 or 202-501-4444.  [https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction.html]

·        A missing child report may also be filed with the National Center for Missing & Exploited Children (NCMEC) by calling 1-800-The-Lost (1-800-843-5678).

·        A report may also be filed with federal, state, or local law enforcement personnel (see a state and local directory at https://www.usacops.com/)

Obscenity                              

·        For ONLINE violations (obscene material sent to a child; misleading domain name; or misleading words or images on the Internet), see this Digest’s section for the Internet.

·        For BROADCAST violations (obscene or indecent radio or TV), complain to the Federal Communications Commission (FCC) by any of: (1) calling 1-888-CALL-FCC (1-888-225-5322); (2) fax 1-866-418-0232; (3) filing at https://consumercomplaints.fcc.gov/hc/en-us ; or (4) writing to the FCC at Consumer & Governmental Affairs Bureau, Consumer Inquiries and Complaints Division, 445 12th St., SW, Washington, DC 20554.

·        For MAILED violations (obscene material sent by U.S. Mail) prevent or stop receipt by (1) filling out U.S. Postal Service Form 1500 (https://about.usps.com/forms/ps1500.pdf); and (2) contacting your local post office (see directory at https://tools.usps.com/find-location.htm). There are two options (either/or); the same USPS form is used for both.  [https://faq.usps.com/s/article/What-Options-Do-I-Have-Regarding-Unwanted-Unsolicited-Mail]

o   Application for Prohibitory Order:  [39 U.S.C. § 3008]

§  Qualifications: Applicant [and optionally applicant’s child(ren) aged < 19 who reside(s) with them] is (1) the addressee of an advertisement and (2) the applicant considers the product or service offered for sale to be “erotically arousing or sexually provocative.”

§  Requirements: Submit the entire original (not a photocopy) of the advertising entire opened mail piece, AND its envelope, with BOTH attached to a properly completed USPS Form 1500.

§  Result: The order applies to the specific mail-sender.

o   Application for Listing:  [39 U.S.C. § 3010]

§  Qualifications: Applicant [and optionally applicant’s child(ren) age 19 or less who reside(s) with them or are under their care, custody, or supervision].

§  Requirements: Submit a USPS Form 1500 completed for the listing. No mailpiece needs to be submitted.

§  Result: The addressee is put on a list of persons who do not wish to receive sexually oriented ads in their mail.

o   NOTE: Postal inspectors work with the NCMEC above, the Dept. of Justice’s Child Exploitation and Obscenity Section, and U.S. Attorneys’ offices, to investigate child sexual exploitation involving the mail and the Internet.

·        A report may also be filed with federal, state, or local law enforcement personnel (see a state and local directory at https://www.usacops.com/)

Prostitution of Children                   Also see the applicable jurisdiction (native, military, athletic, other U.S. lands, Internet if apt, or states and territories).

·        To report an incident or suspicious situation that may involve the prostitution of children (inside the U.S.), the same protocols may be used for contacting the NHTRC as shown above for the Extraterritorial Exploitation of Children.

·        An incident of sexual exploitation of children may also be reported to the National Center for Missing and Exploited Children (NCMEC) at 1-800-The-Lost (1-800-843-5678) or its online CyberTipline at http://www.cybertipline.com/ . The report is forwarded to law enforcement for investigation and action.

·        The incident may also be reported to federal, state, or local law enforcement. (See a state and local directory at https://www.usacops.com/)

Sex Offender Registration                                       Not covered elsewhere in this Digest.

·        Federal and state laws differ for registering sex offenders. A person in violation of state registration law might not be violating federal registration law (18 U.S.C. § 2250).

·        To report a non-compliant or unregistered sex offender (under federal rules), email the U.S. Marshals Service (USMS) National Sex Offender Targeting Center (NSOTC) at IOD.NSOTC@usdoj.gov .

·        For a list of all sex offender registries, see https://www.nsopw.gov/ This is the National Sex Offender Public Website, searchable by registries for all 50 states, the District of Columbia, the territories, and “Indian Country”.

·        To report a non-compliant or unregistered sex offender (under state rules), contact local or state law enforcement. (see a state and local directory at usacops.com/)

Gap-filling: both incest and age of consent are defined by the child’s state or territory, under federal gap-filling provisions of 18 U.S.C. § 13. See this Digest’s relevant state or territory section.


This document provides legal information, not legal advice.
F. Russell Denton, Ph.D., Esq.
ISBN No. 979-8-9886484-0-6
©️ Pinion Feather Press, LLC, 2020, 2023.