A/N This is set in an A/U ,where Kate is still alive and on the team,but Tim is just a child. It will contain swearing and talk of child abuse.

Agent Gibbs hurried back to the NCIS building,holding his fast cooling cup of black coffee in his hand. Dusk was just setting and at the end of the November-day and the wind was ice-cold, cutting through his body,painfully. He was looking forward to the warm and cosy squad-room. His eyes fell on the young boy sitting on a bench near the river bank and he couldn't help but notice that the boy only had a light jacket on,that wasn't really warm enough for this weather,but knowing teenagers he probably chose to dress that way,to irritate his poor doting mother.

The team,consisting of Tony,Ziva and Kate worked until dark to finish their respective paperwork and then left for home,leaving their Boss behind in the emptying squad-room. Gibbs checked their reports and left a hour later ,heading for home and a warm bowl of soup.

The teenage boy kept on sitting on the bench,his fingers and toes numb from the cold. He tried to fold his body as small as possible,trying to hide from the cold wind. After a while he got up and started to pace up and down,blowing into his freezing hands to try and get rid of the cold. It wasn't pleasant moving around his bruised and battered body. He once again looked at the big ship,named the Barry that was docked nearby,hating every minute near her. He knew that it wasn't the ship's fault,that he was stranded here,but it was a stark reminder of his inadequacies.

He spent a hellish night on that bench and by morning he was too weak to fight the cold,his frail body slumping against the bench. He was ready to give up hope,ready to move into the everlasting Darkness ,somehow he didn't fear it, but welcomed it with open arms ,because for now it hurt too much to live.

Gibbs stepped out of the warm building,pulling his coat close against the cold on his way to buy his first cup of coffee for the morning. His eyes fell on the same figure that he saw the previous day,in the same clothes,slumped on the bench. He rushed over and was shocked to see a pale boy with blue lips,sitting huddled on the bench against the cold. He reached out and touched the ice-cold face,it felt like brushing against a corpse. He moved the stiff neck and found a very faint pulse. He berated himself,he saw the boy the previous day and should have checked on him,he even noticed the inadequate jacket he was wearing,but he did nothing.

He quickly phoned for an ambulance and then asked Ducky to come and help,while they waited for the EMTs. He pulled the frail boy into his arms covering him with his warm jacket,trying to heat his small,thin body up. "Wake up,come on wake up!Let me see your eyes,come on,you have to hang on,help is on the way." Nothing he did woke up the boy. He carried him into the warm NCIS building,sitting down at the security desk.

Ducky and the rest of the team met them there. They covered the boy in warm blankets and tried to give him some warm soup that the security guard at the front desk provided. Gibbs kept on holding the small boy,trying to coach him to take a sip of the warm soup. Tired looking green eyes blinked open and was instantly filled with fear.

Gibbs soothed him,couching him softly to take a sip of the warm soup."Ssh,ssh,Son,you are safe here,come take a small sip of this warm soup,it will make you feel better." The boy hesitantly sipped the warm soup,closing his eyes after only one sip."No you have to stay awake,Son,come on ,take another small sip for me."

Ducky was taking his temperature with a small battery-operated thermometer,that you only had to hold for a few seconds in a person's ear,as soon as it was taken,Ducky started to,"Tut,tut,this boy has hypothermia we have to get him to the hospital."

"Duck,I already called them,they should be here any moment.",Gibbs reassured him. The tired green eyes slid close again,the mere action of keeping them open too much for the boy. "Come on you have to stay awake,try and take another sip of this warm soup." They tried everything but the sad green eyes stayed closed. Gibbs was reluctant to hand the frail looking boy over to the EMTs ,but had no choice,he watched as they wrapped the boy in a heated blanket and tried to start an IV line on the thin,pale looking hands. They kept on failing causing dark blue bruises to form on the fragile looking hands,after the fourth try they found a vein and started the IV.

Gibbs climbed into the ambulance ,reluctant to be separated from the boy,still feeling guilty for leaving him out in the cold for the whole night..He gave one last order to his team,"Start looking for missing boys of his age,DiNozzo and David. Kate can you take a photo with your cellphone and put it in the database for missing children."

Ducky looked at his friend,sensing that something was bothering him,"Jethro,I will meet you at the hospital." The boy never woke up during the ride to the hospital. Gibbs followed the stretcher into the ER,never leaving the boy's side. They were pushed into a small cubicle in the busy ER and a doctor and nurse took the report from the paramedics ,while Gibbs listened. As soon as the report was finished the doctor looked at Gibbs,"We will take it from here Agent...?"

"Gibbs and I want to stay if its alright."

"Okay,agent Gibbs,just don't get in the way.",the young doctor said,while he started to examine the young boy. He was lifting up the boys shirt and jacket to listen to his heart when he saw the extensive bruising and welts on the small body,"What the fuck...!" His eyes locked with Gibbs's eyes,"What happened to this poor boy?"

Gibbs was just as horrified by the signs of abuse,"I don't know,I just found him passed out on a bench in front of NCIS."

The nurse had to blink the threatening tears back and started to undress the too thin boy,"Dr. Bates he is surely malnourished,you can see almost every bone,there is no body fat to speak of."

The more they uncovered the boy,the worse the injuries got,some bruises and welts were fresh,while others were obviously older and starting to heal. The bruising on his ribs was particular ugly and the doctor ran his fingers over his ribs,"Some ribs seemed to be fractured ,we will need x-rays of the whole body,nurse Stevens."

Every second increased Gibbs's guilt,he should have checked on the injured boy the previous night,but he was only thinking of getting himself warm. The nurse and doctor worked with practised hands and slipped the remaining clothes off the boy's body,all three of them stared at the bruising and burn marks around his genitalia. The nursed exclaimed shocked,"It looks like he was also sexually assaulted!"

The doctor just shook his head in sympathy,"Some one sure put this kid through a world of hurt." He turned the boy on his side and said with a sad voice,"We will have to do a rape kit,there is extensive scaring around his anus and some signs of recent sexual activity."

Gibbs was getting more paler by the minute,his legs started to shake,the poor boy suffered through so much,having to endure what no one ever should have to. The nurse looked at him and saw his reaction,"Maybe you should go and sit down for a while in the waiting room,while we care for the boy. I will come and get you as soon as we are finished."

Gibbs didn't want to leave the boy,but his body was in shock from what he had seen. He was just sitting down on a hard plastic chair,when his friend appeared,"Ah Jethro,is there any word on the lad yet?"

Gibbs felt numb,as a Marine he saw a lot of soldiers hurt and in pain,but the images of the small,frail body would forever haunt his nightmares. What sort of animal did that to the poor boy? Where were his parents while this was happening? And then the obvious answer struck his mind,it was probably his own parents that did it to him. He would never understand how some one can take the precious gift ,of having a child for granted. He looked up when Ducky rested his hand in support on his shoulder,"Duck,it wasn't only hypothermia,the boy was brutally assaulted,there is evidence of recent sexual assault. His whole body is covered with bruises ,welts and burns,the doctor says he is having scaring around his anus,this is been happening for a long time."

Ducky shook his head in shame,"Oh,Lord! The poor lad,he couldn't be older than 12."

The distraught man next to him started to speak again,"He is so thin Ducky,his body has almost no fat. I saw him sitting on that damn bench last night,I should have checked on him,its my fault that he almost died!" He got up and started to pace agitatedly in the waiting room.

Ducky looked at him sadly ,"Jethro it isn't your fault,you couldn't have known he need help. It won't help the boy if you blame yourself,we should rather try and find out who he is and whom did this to him."

Gibbs sat down,feeling a little better,"You are right Duck,we need to find those responsible for what happened to the boy,I will leave no stone unturned until we find them!"

They sat there in silence waiting for the doctor,both pre-occupied with their own thoughts. Gibbs kept on having flashes of Kelly,her laughter resounding through his mind,he still couldn't understand how somebody could treat a child this callous. He would give anything in the world,to just spent a few more minutes with his little girl,but this people had a perfectly healthy child and they abused him and starved him.

Dr. Bates walked into the waiting room,his eyes tired and sad,after Gibbs introduced Ducky ,he started to talk."The boy is ill,but he should pull through. He has some,broken ribs and deep bruising of his organs,his right fore-arm is fractured and the bone was allowed to heal,without being properly set,we will have to take him to surgery to set it right. He is severely malnourished and is dehydrated. His body shows signs of repeated abuse and sexual assault,his x-rays are riddled with healed broken bones. This child have been abused for years. The main problem now is,is that he is showing signs of the beginning of a bad flu,which could easily turn into pneumonia in his weakened condition and then we will have a real problem."

Gibbs asked hopefully,"Can you list me as a contact for him and can we see him?"

The doctor looked at him for a few seconds,"Do you know his name yet or where he comes from?"

"No but my team is looking through missing children cases and will identify him if he is in the database."

The doctor continue to talk,"You can see him agent Gibbs. I have already contacted child-services and did the rape kit,can I give the evidence to you?"

Gibbs took the box of evidence,"You can give it to me,NCIS will investigate it as the boy was found on the Navy Yard."

The doctor led them to the room the small boy was in,they shared the same look of horror ,looking at the small,pale boy lying in the big white bed. The images of what was done to him still fresh in their minds. Gibbs walked to the bed and took the pale,cold hand in his,he whispered,"No one is ever going to hurt you again and I promise you those that hurt you will be found and punished. You only have to concentrate on getting better."

He looked back at the boy one last time more, before he and Ducky left. They drove in silence back to the Navy Yard,both shocked with the ugly side they saw of humanity today. Back at NCIS ,Gibbs rushed to the bullpen and after he told his team how the boy was doing, he asked for an update. Three pairs of guilty eyes looked at him,but Tony took the burden on himself to tell his boss that they found nothing,"Boss,no one reported him missing and he isn't in the data-base for missing children."

Gibbs couldn't contain his anger any longer and his fist landed hard on his desk,"Someone just tossed this boy out with the garbage,not caring what happens to him! We need to find who did it! Tony go and see if Abby needs any help with the rape kit! I'm going to give the director an update and then I will go back to the hospital,the boy is the only one who can tell us now what happened to him."

**********NCIS***********

Gibbs sat in the small hospital room looking at the boy sleeping,he had a soft babyish face,with light-brown hair and full pouting lips. In his sleep he looked so innocent ,that once again he had to wonder who could hurt such an innocent child. The boy was surrounded by IV lines and medical equipment and every half hour a nurse came and checked on his condition,the boy haven't moved since Gibbs sat down on the chair next to his bed. He looked up at the stern woman ,who was dressed in a grey suit ,entering the room.

"I'm Grace Hendricks and are from child-services,the nurse at the front desk says you are the agent that found him. Have you found his parents yet?"

"No,Mrs. Hendricks,we are still searching for his identity."

She looked with disinterested eyes at the pale boy in the bed and sighed,"I suppose we will have to find him a place to live,there isn't any place I can think of,this time of year everywhere is already full."

Gibbs had to suppress his anger,it seems everywhere the boy went ,he was a burden. His heart spoke before he even thought about it,"I will take him."

The woman looked at him,her eyes sceptical,"Why would you want to take a damage child like this in?"

Gibbs was boiling under his skin,"Because a hurt child like this needs a safe place to stay and I can provide that."

She sniffed critically,"That would save me a lot of trouble,but first you will have to fill out some paperwork and there are some arrangements we have to make. If you are serious about it ,you can come with me and we can start on it." Gibbs followed her out of the room and a hour later he had temporary custody of the boy.

***********NCIS***********

The music in Abby's lab was muted,Tony walked carefully into the Goth's domain,soft music like this was uncommon. He saw her sitting in front of her computer screen,tears running down her cheeks,"Abby,why are you crying?"

She sniffed and wiped away the tears,"Tony,look at this photos,how can anyone hurt a child like this. It is breaking my heart to look at what was done to him,no child should ever have to suffer like this!"

Tony held her in his arms while he looked at the pictures on the screen,he had to agree with her,no child should ever have been treated like this. He always thought his own father was a bastard,but nothing he did to Tony came near this."Abs we will find who did this and then he will have to answer to Gibbs,but for now we have to do our best and work through the evidence. Gibbs ordered me to come and help you,so where do we start."

She gave a brave smile,"Yes,Tony,Boss-man will take care of him!"

Leon Vance was still surprised with the phone call he had from child-services and wondered why Gibbs agreed to take the hurt boy into his home. He knew about his first wife and child that was killed,but offering to take an unknown child into your home,was going beyond the normal sense of duty. He however reassured the woman on the phone that Gibbs would provide a safe environment for the child to stay in,he just hoped everything worked out fine and they found the boy's family,before it became necessary for Gibbs to take him home.

*************NCIS**********

Gibbs returned to the hospital room with a fresh cup of coffee,still unsure why he volunteered to take the boy in,maybe it was the innocent face and the sad-looking eyes that persuaded him or it was his guilty conscience ,but either way he was going to take his duty very serious. It was late afternoon when the boy started to move and he waited patiently for him to wake up on his own time.

Tim was surprised to find himself lying on a soft bed,surrounded by warm blankets and free from pain. He was still very hungry,but chided himself for being so greedy,being warm and pain-free was already so much more than he can ask for. He lay still in the bed savouring the pleasant feeling,almost believing he was still dreaming,in real life it was seldom that he had no pain and was lying in a soft warm bed. He remembered the cold night he spent on the bench and then opened his eyes in fear,he was disappointed to find that he was still alive.

His big green eyes looked curiously around the room and he was frightened to find he was in a hospital room,his father was going to kill him for ending up here. The heart monitor was beating frantically as he took in his situation. He found the warm blue eyes staring at him and recognised the soothing voice,"Just relax Son,you are safe here."

He said with his inherently honesty,"Nowhere is ever safe,Sir."

Gibbs felt the lump forming in his throat,for this child there would seem to be nowhere safe,"You can call me Gibbs and you are really safe here." The big green eyes stayed full of doubt.

"What is your name Son?"

The green eyes were unsure what to say,if he told them his name,his father would get into trouble and at the end he would pay for it. But he never could lie and the man staring at him looked like the type that could really hurt you. Gibbs saw the hesitation,"If it is your father you are afraid of,I can promise you he will never touch you again."

Tim could see the honesty in the face ,although he doubted that any one would be able to protect him from his father. He asked,"Why?"

Gibbs was perplexed ,"Why what,Son?"

"Why would you want to protect me against him,what do you care?"

Gibbs was speechless,he didn't know how to win the boy's trust,it was sad that a child this young lost all trust in humanity."Because I care and really want to help you,no one should ever have to go through what you did."

The boy blushed in shame,while he slept they probably saw what was done to him,"I didn't like it!"

Gibbs was confused and then realised what they boy was trying to say and why he was looking so ashamed,"No one blames you,you couldn't stop what was done to you,you are only a child."

"What if I deserved some of what was done to me?"

Gibbs's voice almost broke when he spoke again,"Nothing you ever did could warrant what was done to you,you have to believe me."

"I'm Timothy McGee.",the boy said,with his eyes still filled with doubt. The nurse arrived again and started to take the boy's vitals and Gibbs took the time to phone his team.