N.Y. Executive Law § 837-f: Missing and exploited children clearinghouse

§ 837-f. Missing and exploited children clearinghouse. There is hereby

established within the division a missing and exploited children

clearinghouse to provide a comprehensive and coordinated approach to the

tragic problems of missing and exploited children. In addition to the

activities of the statewide central register for missing children, the

commissioner shall be authorized to:

1. Plan and implement programs to ensure the most effective use of

federal, state and local resources in the investigation of missing and

exploited children;

2. Exchange information and resources with other states, and within

New York state, concerning missing and exploited children;

3. Establish a case data base which will include nonidentifying

information on reported children and facts developed in the phases of a

search, and analyze such data for the purposes of: assisting law

enforcement in their current investigations of missing and exploited

children, developing prevention programs and increasing understanding of

the nature and extent of the problem; and share the data and analysis on

a regular basis with the National Center for Missing and Exploited

Children;

4. Disseminate a directory of resources to assist in the locating of

missing children;

5. Cooperate with public and private schools and organizations to

develop education and prevention programs concerning child safety for

communities, parents and children;

6. Provide assistance in returning recovered children who are located

out-of-state;

7. By January first, nineteen hundred eighty-seven arrange for the

development of a curriculum for the training of law enforcement

personnel investigating cases involving missing and exploited children;

8. Assist federal, state and local agencies in the investigation of

cases involving missing and exploited children;

9. Utilize available resources to duplicate photographs and posters of

children reported as missing by police and with consent of parents,

guardians or others legally responsible, disseminate this information

throughout the state;

10. Beginning on January first, nineteen hundred eighty-seven,

disseminate, on a regular basis, a bulletin containing information on

children in the missing children's register to the state education

department which shall then forward such bulletin to every public and

private school where parents, guardians or others legally responsible

for such children have given consent;

10-a. (a) By November first, nineteen hundred ninety-seven prescribe

general guidelines to enable the state legislature and state agencies to

assist in the location and recovery of missing children. The guidelines

shall provide information relating to:

(i) the form and manner in which materials and information pertaining

to missing children including but not limited to biographical data and

pictures, sketches or other likenesses may be included in stationery,

newsletters and other written or electronic printings;

(ii) appropriate sources from which such materials and information may

be obtained;

(iii) the procedures by which such materials and information may be

obtained; and

(iv) any other matter the clearinghouse considers appropriate.

(b) By January first, nineteen hundred ninety-eight arrange for the

transmission of biographical information and pictures, sketches or other

likenesses of missing children to state agencies, departments and the

legislature to use in printings.

11. Operate a toll-free twenty-four hour hotline for the public to use

to relay information concerning missing children;

12. Submit an annual report to the governor and legislature regarding

the activities of the clearinghouse including statistical information

involving reported cases of missing children pursuant to section eight

hundred thirty-seven-m of this article and a summary of the division's

efforts with respect to the use of monies from the missing and exploited

children clearinghouse fund created pursuant to section ninety-two-w of

the state finance law; and

13. Take such other steps as necessary to assist in education,

prevention, service provision and investigation of cases involving

missing and exploited children.

14. (a) In consultation with the division of state police and other

appropriate agencies, develop, and regularly update and distribute,

model missing child prompt response and notification plans, which shall

be available for use, in their discretion, as appropriate, by local

communities and law enforcement personnel. Such plans shall involve a

pro-active, coordinated response, planned in advance, that may be

promptly triggered by law enforcement personnel upon confirmation by a

police officer, peace officer or police agency of a report of a missing

child, as defined in subdivision one of section eight hundred

thirty-seven-e of this article.

(b) Such plans shall, at a minimum, provide that:

(i) the name of such missing child, a description of the child and

other pertinent information may be promptly dispatched over the police

communication system, pursuant to subdivision three of section two

hundred twenty-one of this chapter;

(ii) such information may be immediately provided orally,

electronically or by facsimile transmission to one or more radio

stations and other broadcast media outlets serving the community

including, but not limited to, those which have voluntarily agreed, in

advance, to promptly notify other such radio stations and other

broadcast media outlets in like manner;

(iii) such information may be immediately provided by electronic mail

message to one or more internet service providers and commercial mobile

service providers serving the community including, but not limited to,

those which have voluntarily agreed, in advance, to promptly notify

other such internet service providers in like manner;

(iv) participating radio stations and other participating broadcast

media outlets serving the community may voluntarily agree to promptly

broadcast a missing child alert providing pertinent details concerning

the child's disappearance, breaking into regular programming where

appropriate;

(v) participating internet service providers and commercial mobile

service providers serving the community may voluntarily agree to

promptly provide by electronic mail message a missing child alert

providing pertinent details concerning the child's disappearance;

(vi) police agencies not connected with the basic police communication

system in use in such jurisdiction may transmit such information to the

nearest or most convenient electronic entry point, from which point it

may be promptly dispatched, in conformity with the orders, rules or

regulations governing the system; and

(vii) no dispatch or transmission of a report concerning a missing

child shall be required by such plan if the investigating police

department advises, in its discretion, that the release of such

information may jeopardize the investigation or the safety of the child,

or requests forbearance for any reason.

(c) The commissioner shall also designate a unit within the division

that shall assist law enforcement agencies and representatives of radio

stations, broadcast media outlets, internet service providers and

commercial mobile service providers in the design, implementation and

improvement of missing child prompt response and notification plans.

Such unit shall make ongoing outreach efforts to local government

entities and local law enforcement agencies to assist such entities and

agencies in the implementation and operation of such plans with the goal

of implementing and operating such plans in every jurisdiction in New

York state.

(d) The commissioner shall also maintain and make available to

appropriate state and local law enforcement agencies up-to-date

information concerning technological advances that may assist in

facilitating the recovery of missing children. Such information shall

include, but not be limited to, technology using computer assisted

imaging to "age enhance" photographs of missing children, and technology

that may be used to enter such photographs and other pertinent

information concerning missing children into a database accessible to

appropriate officials and persons.