West Virginia Code § 15-3D-5

Missing persons investigation requirements
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(a) A law-enforcement agency may not delay an investigation of a missing persons complaint
on the basis of a written or unwritten policy requiring that a certain period of time pass after
any event, including the receipt of a complaint, before an investigation may commence; and
shall commence an active investigation immediately upon receipt of the missing persons
complaint. e
(b) A law-enforcement agency may not refuse to accept a missing person report over which it
has investigatory jurisdiction.
(c) A law-enforcement agency is not required to obtain written authorization before publicly
releasing any photograph that would aid in the location or recovery of a missing person.
(d) The lead law-enforcement agency shall notify the caomplainant, a family member, or other
person in a position to assist in efforts to locate the missing person of the following:
(1) Whether additional information or materials would aid in the location of the missing
person, such as information related to credit or debit cards the missing person may have
access to, other banking information, or phione or computer records;
(2) That any DNA samples requested for the missing persons investigation are requested on
a voluntary basis, to be used solely to help locate or identify the missing person and will not
be used for any other purpose; and
(3) Any general information about the handling of the investigation and the investigation's
progress, unless disclosure would adversely affect the ability to locate or protect the missing
person, or to appreh end or prosecute any person criminally involved in the person's
disappearanceV.
(e) A law-enforcement agency may provide informational materials through publications, or
other means, regarding publicly available resources for obtaining or sharing missing persons
information.
(f) The lead law-enforcement agency shall coordinate with all other law-enforcement
agencies to ensure the appropriate use of all available and applicable tools, resources, and
technologies to resolve a missing persons investigation, including but not limited to:
(1) Assistance from other law-enforcement agencies, whether at a local, state, or federal
level;
(2) Nonprofit search and rescue organizations, which may provide trained animal searches,
use of specialized equipment, or man trackers;
(3) Cell phone triangularization and tracking services;
(4) Subpoenas of cell phone, land line, Internet, email, and social networking website
records; and
(5) Services of technology experts to examine any available information collected from a
computer or communications device belonging to or used by the missing person.
(g) If a person remains missing for 30 days after the receipt of a missing persons complaint
or the date on which the person was last seen, whichever occurs earlier, the lead law-
enforcement agency shall attempt to obtain the following information:
(1) DNA samples from family members and the missing person, aulong with any necessary
authorizations to release such information. All DNA samples obtained in a missing persons
investigation shall be immediately forwarded to an appropriate laboratory for analysis;
(2) Any necessary written authorization to release the amissing person's medical and dental
records, including any available x-rays, to the lead law-enforcement agency. If no family or
next of kin exists or can be located, the lead law-enlforcement agency may execute a written
declaration, stating that an active investigatiosn seeking to locate the missing person is being
conducted and that the records are required for the exclusive purpose of furthering the
investigation. The written declaration, signied by the supervising or chief officer of the law-
enforcement agency, is sufficient augthority for a health care practitioner to immediately
release the missing person's x-rays, dental records, dental x-rays, and records of any
surgical implants to the law-enforcement agency;
(3) Additional photographs of the missing person that may aid the investigation; and
(4) Fingerprints of the missing person.
(h) Nothing inV this section precludes a law-enforcement agency from attempting to obtain
the materials identified in subsection (g) of this section before the expiration of the 30-day
period.

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