TITLE 11

Crimes and Criminal Procedure

Law-Enforcement Administration

CHAPTER 85. State Bureau of Identification

Subchapter II. Missing Persons

§ 8531. Definitions.

For purposes of this subchapter:

(1) “Complaint” means a report, notification, or information given to a law-enforcement officer that a person is missing or cannot, with reasonable care, be located.

(2) “Missing person” means a person who is missing, and who also meets 1 of the following characteristics:

a. The person is physically or mentally disabled.

b. The person was, or is, in the company of another person under circumstances indicating that the missing person’s safety may be in danger.

c. The person is missing under circumstances indicating that the disappearance was not voluntary.

d. The person is a child.

(3) “Verified location” means the location where it has been confirmed that the missing person was last seen. For purposes of this paragraph (3), “confirmed” includes credible witness identification and verification by video surveillance or similar technology.

65 Del. Laws, c. 48, §  278 Del. Laws, c. 327, §  184 Del. Laws, c. 219, § 1

§ 8532. Original complaint.

A missing person complaint may be made to any county, town, city or state law-enforcement agency or any other appropriate state agency. The law-enforcement agency having primary jurisdiction over the verified location where a missing person was last seen shall be responsible for receiving a missing person complaint and initiating the investigation. If the location where the missing person was last seen cannot be verified, the law-enforcement agency having primary jurisdiction over the missing person’s last known place of residence shall be responsible for receiving a missing person complaint and initiating the investigation. Such complaint shall state the age of the missing person. When an agency has received a missing person complaint, such agency shall immediately disseminate all known facts concerning the missing person to all county and state law-enforcement agencies, and to any other law-enforcement agency which may be appropriate. A new missing person complaint shall have high priority.

65 Del. Laws, c. 48, §  278 Del. Laws, c. 327, §  1

§ 8533. Law-enforcement reports.

The law-enforcement agency which has primary jurisdiction in the area from which a missing person complaint has been filed shall prepare, as soon as practicable, a report on the missing person. Such report shall include, but is not limited to, the following:

(1) All information contained in the original complaint;

(2) All information or evidence gathered by the preliminary investigation, if one was made;

(3) A statement, by the law-enforcement officer in charge, setting forth that officer’s assessment of the case, based upon all evidence and information received;

(4) Any additional, supplemental or unusual information which the agency feels may be of importance in locating the missing person.

65 Del. Laws, c. 48, §  2

§ 8534. Dissemination of missing person report.

Upon completion of the missing person report, the law-enforcement agency shall send a copy of the report to:

(1) Each law-enforcement officer having jurisdiction over the location in which the missing person was last seen, or the missing person’s last known place of residence;

(2) Each state agency which the reporting law-enforcement agency considers to be potentially involved, and each private agency known to the law-enforcement agency which has, as a part of its functions, the searching for or location of missing persons;

(3) Each state agency to which the nearest relative to the missing person, or the complaint if no relative is located, requests that the report be sent; provided, however, that the forwarding of any report under this section shall be at the discretion of the law-enforcement agency;

(4) Each law-enforcement agency which requests a copy of the missing person report.

65 Del. Laws, c. 48, §  278 Del. Laws, c. 327, §  2

§ 8535. Missing person report involving a child.

(a) If a report of a missing person under § 8532 of this title involves a child, the law-enforcement agency preparing the report under § 8533 of this title shall comply with § 8544 of this title.

(b) If a report of a missing person under § 8532 of this title involves a child, the law-enforcement agency may not prevent an immediate active investigation based on an agency rule that specifies an automatic time limitation for a missing person investigation.

65 Del. Laws, c. 48, §  284 Del. Laws, c. 219, § 2

§ 8536. Dental records.

(a) Each law-enforcement agency shall be provided with dental authorization forms, promulgated by the Attorney General, which when signed by a parent, guardian, or legal custodian of a child permits the release of dental records to law-enforcement authorities.

(b) If the missing person complaint indicates that the missing person is a child, a properly executed dental authorization must be taken to the family dentist and any other dentist who has records that would assist in identification of the missing person. The dental identification must be disseminated to the Medical Examiner and all other appropriate state agencies.

65 Del. Laws, c. 48, §  284 Del. Laws, c. 219, § 3

§ 8537. Unidentified deceased persons — Duties of law-enforcement agency.

A law-enforcement agency shall do all of the following:

(1) Acquire, collect, classify, and preserve any information that would assist in the identification of any deceased individual who has not been identified after the discovery of the deceased individual.

(2) Acquire, collect, classify, and preserve immediately any information that would assist in the location of any missing person, including any child, and provide confirmation as to any entry to the parent, guardian, legal custodian, or next of kin; and the agency shall acquire, collect, classify, and preserve the information as it deems necessary from each parent, guardian, legal custodian, or next of kin.

(3) Exchange the records and information as are provided for in this section with other law-enforcement agencies of this State, of any other state, or of the United States. With respect to missing children, the records and information must be transmitted immediately to other law-enforcement agencies.

65 Del. Laws, c. 48, §  284 Del. Laws, c. 219, § 4

§ 8538. Unidentified deceased persons — Fingerprints.

The Medical Examiner shall promptly furnish the Department of Safety and Homeland Security with copies of the fingerprints of each unidentified deceased person. The copies of such fingerprints shall be on standardized cards, and shall be accompanied by descriptions and other identifying data, including any available information concerning the date and place of death. In any instance where it is not physically possible to furnish prints of all 10 fingers, the prints or partial prints of any fingers, together with identifying data, shall be forwarded by the Medical Examiner to the Department.

65 Del. Laws, c. 48, §  274 Del. Laws, c. 110, §  138