§ 837-e. Statewide central register for missing children. 1. There is\nhereby established through electronic data processing and related\nprocedures, a statewide central register for missing children which\nshall be compatible with the national crime information center register\nmaintained pursuant to the federal missing children act of nineteen\nhundred eighty-two. As used in this article, the term missing child\nshall mean any person under the age of eighteen years, or any youth,\nunder the age of twenty-one years, that the office of children and\nfamily services or a local department of social services has\nresponsibility for placement, care, or supervision, or who is the\nsubject child of a child protective investigation, or is receiving\npreventive services or services under section 477 of the Social Security\nAct, or has run away from foster care, where such office or department\nhas reasonable cause to believe that such youth is, or is at risk of\nbeing, a sex trafficking victim, who is missing from his or her normal\nand ordinary place of residence and whose whereabouts cannot be\ndetermined by a person responsible for the child's care and any child\nknown to have been taken, enticed or concealed from the custody of his\nor her lawful guardian by a person who has no legal right to do so.\n 1-a. (a) Upon the entry of a report of a missing child born in New\nYork into the register, the division shall notify the commissioner of\nthe state department of health or if the child was born in the city of\nNew York, the commissioner of the New York city department of health, of\nsuch entry and shall provide such commissioner with information\nconcerning the identity of the missing child and request that the birth\ncertificate record of such child be flagged in accordance with section\nfour thousand one hundred of the public health law.\n (b) If the division has reason to believe that a missing child has at\nany time been enrolled in a New York school, it shall notify the last\nknown school at which time the school shall flag the missing child's\nschooling record in accordance with section three thousand two hundred\ntwenty-two of the education law. If the division has reason to believe\nthat a child who is listed as a missing child is currently enrolled in\nand attending a New York school, it shall notify the school and upon\nreceiving notification, such school shall immediately notify the\nstatewide central register for missing children within the division of\ncriminal justice services.\n (c) Upon learning of the recovery of any missing child whose birth\ncertificate record or schooling record has been flagged as the result of\nnotification made pursuant to this subdivision, the division shall so\nnotify the state commissioner of health or if the child was born in the\ncity of New York, the commissioner of the New York city department of\nhealth, and the school as appropriate.\n 1-b. The division shall transmit the report of the missing child to\nthe National Missing and Unidentified Persons System (NamUs) no later\nthan thirty days after entry of a report of a missing child into the\nregister whenever circumstances indicate that the missing child may be\nat immediate risk of death or injury, or may be a match to a record\nmaintained in the NamUs unidentified person database and within one\nhundred eighty days in any other case.\n 2. The following may make inquiries to determine if any entries in the\nregister or in the national crime information center register could\nmatch the subject of the inquiry:\n (a) a police or criminal justice agency investigating a report of a\nmissing or unidentified child, whether living or deceased; and\n (b) the agency licensing, certifying or registering a family day care\nhome, day care center or head start program funded pursuant to Title V\nof the Federal Economic Opportunity Act of nineteen hundred sixty-four\nas amended, when an operator or director of such program has reasonable\nca
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.