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34 U.S.C. § 41308State requirements for reporting missing children

submitted 36 years ago by Pub. L. 101-647 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 415 words · no verdicts yet

in plain englishAI-generated · not legal advice

States reporting missing children may not require a waiting period before accepting a report, or remove an entry just because of the missing person's age. States must enter details — like the child's description and photo — within 2 hours into state and national databases. Within 30 days, agencies must update the record and take steps like starting an investigation and notifying other agencies.

Each state that reports missing children under this section and section 41307 must follow four rules. (1) No waiting period. No law enforcement agency in the state may require any waiting period before accepting a missing child or unidentified person report. (2) No removal by age alone. No agency may remove a missing person entry from the state system, the National Crime Information Center database, or the NamUs databases just because of the missing person's age. (3) Fast, detailed entry. Each report, with all available information, must be entered within 2 hours of receipt into the state system, the National Crime Information Center network, and the NamUs databases, and made available to the state's missing children clearinghouse. For a missing child report, the required information includes (A) name, birth date, sex, race, height, weight, and eye and hair color; (B) a recent photo, if there is one; (C) the date and place of last contact; and (D) the category under which the child is reported missing. (4) Follow-up duties. After a report is entered, the agency that entered it must (A) within 30 days, verify and update the record with more information — including, if available, medical and dental records and a photo taken in the last 180 days; (B) start or help with search and investigation steps; (C) tell the National Center for Missing and Exploited Children about any report involving a child missing from foster care or a childcare institution; (D) stay in close contact with state and local child welfare systems and the National Center for Missing and Exploited Children to share information and technical help; and (E) let the National Crime Information Center's state terminal contractor update the missing person record with new information learned during the investigation.
the actual law source: uscode.house.gov ↗public domain

Each State reporting under the provisions of this section and section 41307 of this title shall—

(1)

ensure that no law enforcement agency within the State establishes or maintains any policy that requires the observance of any waiting period before accepting a missing child or unidentified person report;

(2)

ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of a missing person entry from its State law enforcement system, the National Crime Information Center computer database, or the NamUs databases based solely on the age of the person;

(3)

provide that each such report and all necessary and available information, which, with respect to each missing child report, shall include—

(A)

the name, date of birth, sex, race, height, weight, and eye and hair color of the child;

(B)

a recent photograph of the child, if available;

(C)

the date and location of the last known contact with the child; and

(D)

the category under which the child is reported missing;

is entered within 2 hours of receipt into the State law enforcement system, the National Crime Information Center computer networks, and the NamUs databases and made available to the Missing Children Information Clearinghouse within the State or other agency designated within the State to receive such reports; and

(4)

provide that after receiving reports as provided in paragraph (3), the law enforcement agency that entered the report into the National Crime Information Center or the NamUs databases shall—

(A)

no later than 30 days after the original entry of the record into the State law enforcement system, National Crime Information Center computer networks, and the NamUs databases, verify and update such record with any additional information, including, where available, medical and dental records and a photograph taken during the previous 180 days;

(B)

institute or assist with appropriate search and investigative procedures;

(C)

notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution;

(D)

maintain close liaison with State and local child welfare systems and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases; and

(E)

grant permission to the National Crime Information Center Terminal Contractor for the State to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person.

Source credit: (Pub. L. 101–647, title XXXVII, § 3702, Nov. 29, 1990, 104 Stat. 4967; Pub. L. 109–248, title I, § 154(a), July 27, 2006, 120 Stat. 611; Pub. L. 114–22, title I, § 116(b), May 29, 2015, 129 Stat. 244; Pub. L. 117–327, § 2(c)(2), Dec. 27, 2022, 136 Stat. 4455.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-647 · 104 Stat. 4967
  • 2006Amended · Pub. L. 109-248 · 120 Stat. 611
  • 2015Amended · Pub. L. 114-22 · 129 Stat. 244
  • 2022Amended · Pub. L. 117-327 · 136 Stat. 4455

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.

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