CHAPTER 388

FORMERLY

SENATE BILL NO. 392

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 85, TITLE 11, DELAWARE CODE, TO ESTABLISH A MISSING CHILDREN INFORMATION CLEARINGHOUSE WITHIN THE DIVISION OF STATE POLICE; PROVIDING DUTIES OF THE CLEARINGHOUSE; REQUIRING NOTIFICATION OF CHILDREN LOCATED; PROVIDING FOR THE PURGING OF INFORMATION; AND PROVIDING FOR THE RETURN OF FINGERPRINTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 85, Title 11 of the Delaware Code by designating Sections 8501 through 8526 as "Subchapter I. General Provisions" and by adding a new Subchapter II as follows:

Subchapter II. Missing Children Information Clearinghouse

§8527. Missing Children Information Clearinghouse.

The Missing Children Information Clearinghouse, hereinafter referred to as "Clearinghouse", is created within the State Bureau of indentification. The Clearinghouse is established as a central repository of information regarding missing children. Such information shall be collected and disseminated to assist in the location of missing children. The Director of the State Bureau of Identification shall establish services deemed appropriate by the Superintendent of State Police to aid in the location of missing children.

§8528. Definitions.

As used in this Subchapter:

"Missing child" means any person who is under the age of 18 years, whose temporary or permanent residence is in Delaware, or is believed to be in Delaware, whose location has not been determined, and who has been reported as missing to a law enforcement agency.

"Missing child report" is a report prepared on a form designed by the Clearinghouse for use by private citizens and law enforcement agencies to report missing children information to the Clearinghouse.

§8529. Duties of the Clearinghouse.

The Clearinghouse shall:

Provide a form of missing child report for use by private citizens and law enforcement agencies;

Establish a system of interstate communication of information relating to children determined to be missing by the parent, guardian, or legal custodian of the child, or by a law enforcement agency;

provide a centralized file for the exchange of information of missing children within the State;

Interface with the National Crime Information Center for the exchange of information on a missing child suspected of interstate travel;

Collect, process, maintain, and disseminate information on missing children and strive to maintain or disseminate only accurate and complete information.

§8530. Filing of missing child reports: notification upon location being determined; purging of information, return of fingerprints.

Every sheriff, constable, chief pollce officer, officer In charge, members of the State Police, and other law enforcement agencies and officers of the State and of any local governmental unit shall immediately accept and act upon information on any missing child by police radio broadcasts and by causing missing child entries into DELJIS and NCIC and shall transmit information to the Clearinghouse, so far as available, on a missing child report concerning a missing child within 24 hours after receipt thereof.

Any parent, guardian, or legal custodian may submit a missing child report to a local enforcement agency having jurisdiction for investigation and referral of the missing child report to the clearinghouse on any child whose whereabouts is unknown, regardless of the circumstances, which shall be included in the clearinghouse data base.

The parent, guardian, or legal custodian responsible for notifying the Clearinghouse or a law enforcement agency of a missing child shall immediately notify such agency or the Clearinghouse of any child whose location has been determined.

Information received pursuant to this section shall be purged by the appropriate law enforcement agency and the Clearinghouse inunediately upon location of a missing child who has been included in the Clearinghouse data base. Any fingerprints of a missing child provided to a law enforcement agency or the Clearinghouse by a parent, guardian or legal custodian shall be returned to the person providing them upon location of a missing child."

Section 2. This Act shall become effective upon enactment into law and the appropriation of sufficient funding, whichever shall last occur.

Approved July 17. 1984.