N.Y. Executive Law § 837-e: Statewide central register for missing children

§ 837-e. Statewide central register for missing children. 1. There is

hereby established through electronic data processing and related

procedures, a statewide central register for missing children which

shall be compatible with the national crime information center register

maintained pursuant to the federal missing children act of nineteen

hundred eighty-two. As used in this article, the term missing child

shall mean any person under the age of eighteen years, or any youth,

under the age of twenty-one years, that the office of children and

family services or a local department of social services has

responsibility for placement, care, or supervision, or who is the

subject child of a child protective investigation, or is receiving

preventive services or services under section 477 of the Social Security

Act, or has run away from foster care, where such office or department

has reasonable cause to believe that such youth is, or is at risk of

being, a sex trafficking victim, who is missing from his or her normal

and ordinary place of residence and whose whereabouts cannot be

determined by a person responsible for the child's care and any child

known to have been taken, enticed or concealed from the custody of his

or her lawful guardian by a person who has no legal right to do so.

1-a. (a) Upon the entry of a report of a missing child born in New

York into the register, the division shall notify the commissioner of

the state department of health or if the child was born in the city of

New York, the commissioner of the New York city department of health, of

such entry and shall provide such commissioner with information

concerning the identity of the missing child and request that the birth

certificate record of such child be flagged in accordance with section

four thousand one hundred of the public health law.

(b) If the division has reason to believe that a missing child has at

any time been enrolled in a New York school, it shall notify the last

known school at which time the school shall flag the missing child's

schooling record in accordance with section three thousand two hundred

twenty-two of the education law. If the division has reason to believe

that a child who is listed as a missing child is currently enrolled in

and attending a New York school, it shall notify the school and upon

receiving notification, such school shall immediately notify the

statewide central register for missing children within the division of

criminal justice services.

(c) Upon learning of the recovery of any missing child whose birth

certificate record or schooling record has been flagged as the result of

notification made pursuant to this subdivision, the division shall so

notify the state commissioner of health or if the child was born in the

city of New York, the commissioner of the New York city department of

health, and the school as appropriate.

1-b. The division shall transmit the report of the missing child to

the National Missing and Unidentified Persons System (NamUs) no later

than thirty days after entry of a report of a missing child into the

register whenever circumstances indicate that the missing child may be

at immediate risk of death or injury, or may be a match to a record

maintained in the NamUs unidentified person database and within one

hundred eighty days in any other case.

2. The following may make inquiries to determine if any entries in the

register or in the national crime information center register could

match the subject of the inquiry:

(a) a police or criminal justice agency investigating a report of a

missing or unidentified child, whether living or deceased; and

(b) the agency licensing, certifying or registering a family day care

home, day care center or head start program funded pursuant to Title V

of the Federal Economic Opportunity Act of nineteen hundred sixty-four

as amended, when an operator or director of such program has reasonable

cause to believe that a child in attendance at the home, center or

program may be a missing person provided, however, that upon

notification that such child appears to match a child registered herein

such agency shall immediately notify such operator or director to

contact an appropriate local criminal justice agency; and

(c) a district attorney or a county medical examiner or coroner upon a

showing that information contained in the register may be necessary for

the determination of an issue regarding a missing or unidentified child;

and

(d) an authorized agency or state official pursuant to subdivision

seven of section three hundred seventy-two of the social services law;

and

(e) a superintendent of schools or his authorized representative

pursuant to paragraph a of subdivision two of section three thousand two

hundred twelve of the education law. No civil or criminal liability

shall arise or attach to any school district or employee thereof for any

act or omission to act as a result of, or in connection with, the duties

or activities authorized or directed by this paragraph.

3. The central register shall contain all available identifying data

of any child including, but not limited to, fingerprints, blood types,

dental information, and photographs subject to the following conditions:

(a) Except as provided for in paragraph (c) of this subdivision and in

section eight hundred thirty-seven-f of this article, the data contained

in the register shall be confidential.

(b) Any person who knowingly and intentionally permits the release of

any data and information contained in the central register to persons or

agencies not permitted by this title shall be guilty of a class A

misdemeanor.

(c) Such data may be made available only to:

(i) a police or criminal justice agency investigating a report of a

missing child or unidentified child, whether living or deceased;

(ii) the public at large, to expedite the finding of a missing child,

when the parent or legal guardian of such a child provides written

authorization to the investigating police department for the release of

such data except when, according to such department, the release of such

data would jeopardize the investigation or the safety of the child. When

such department deems the release of such data to be appropriate, it

shall transmit such written authorization to the division; and

(iii) any qualified person engaged in bona fide research when approved

by the commissioner, provided that the researcher in no event disclose

information tending to identify the child or his or her family or

caregiver.

4. The commissioner shall promulgate rules and regulations:

(a) insuring the timeliness, completeness and confidentiality of the

data contained in the register;

(b) prescribing the manner in which entries to the register shall be

made and updated as the investigation progresses;

(c) prescribing the form and manner in which entries and inquiries to

the register and notices to other agencies and entities shall be made

and processed;

(d) insuring that criminal justice agencies and agencies defined by

subdivision seven of section three hundred seventy-two of the social

services law making inquiries to the register will be promptly informed

if any entries in the statewide central register or in the national

crime information center register could match the subject of the

inquiry;

(e) insuring the proper disposition of all obsolete register data,

provided however that such data for a person who has reached the age of

eighteen and remains missing shall be preserved;

(f) linking the register with the national crime information center

register; and

(g) establishing procedures for transmitting reports of missing

children and adults to the National Missing and Unidentified Persons

System (NamUs) pursuant to subdivision one-b of this section and section

eight hundred thirty-seven-f-two of this article.

5. The division shall not charge a fee for inquiries made pursuant to

this section.

6. When a person previously reported missing has been found alive and

there is no ground for criminal action, the superintendent of state

police, sheriff, chief of police, coroner or medical examiner, or other

criminal justice agency shall purge and destroy identifying material

contained in such records and documents with respect to such person

which are made and maintained pursuant to this section and shall report

to the division that the person has been found and that the identifying

materials contained in such records and documents have been so purged or

destroyed. After receiving such a report, the division shall purge

identifying material contained in such records with respect to such

person and/or destroy any identifying material contained in documents

which are maintained pursuant to this section.