TITLE 11

Crimes and Criminal Procedure

Law-Enforcement Administration

CHAPTER 85. State Bureau of Identification

Subchapter III. Missing Children Information Clearinghouse

§ 8541. Established.

The Missing Children Information Clearinghouse, hereinafter referred to as “Clearinghouse,” is created within the State Bureau of Identification. 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.

64 Del. Laws, c. 388, §  165 Del. Laws, c. 48, §  1

§ 8542. Definitions.

As used in this subchapter:

(1) “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.

(2) “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.

64 Del. Laws, c. 388, §  165 Del. Laws, c. 48, §  1

§ 8543. Duties.

(a) The Clearinghouse shall do all of the following:

(1) Provide a form of missing child report for use by private citizens and law-enforcement agencies.

(2) Establish a system of interstate communication of information relating to children determined to be missing.

(3) Provide a centralized file for the exchange of information of missing children within the State.

(4) Interface with the National Crime Information Center (“NCIC”) for the exchange of information on a missing child suspected of interstate travel.

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

(6) Publish the name of and relevant available information on a missing child.

(7) Publish annual statistics regarding missing children.

(b) The Clearinghouse may establish and maintain a list of organizations and groups that provide volunteer search teams for resources relating to missing children.

64 Del. Laws, c. 388, §  165 Del. Laws, c. 48, §  184 Del. Laws, c. 219, § 5

§ 8544. Filing missing child reports; notification upon location; purging information; return of fingerprints.

(a) Every constable, chief police officer, officer in charge, member of the State Police and other law-enforcement agency, and officer of the State and of any local governmental unit shall do all of the following:

(1) Immediately accept and act on information on any missing child by police radio broadcasts and by causing missing child entries to be made into the Delaware Criminal Justice Information System (“DELJIS”) and NCIC.

(2) Transmit information to the Clearinghouse, so far as available, on a missing child report concerning a missing child within 24 hours after receipt of the information.

(3) Notify the Delaware Information Analysis Center (“DIAC”). At the request of the law-enforcement agency, DIAC shall assist by providing intelligence and disseminating information on the missing child to the appropriate law-enforcement partners.

(4) Institute appropriate search procedures, including the coordination of volunteer search teams.

(5) Notify the National Center for Missing and Exploited Children.

(b) Any person may submit a missing child report to a local law-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, and the report must be included in the Clearinghouse database.

(c) The person responsible for notifying the Clearinghouse or a law-enforcement agency of a missing child shall immediately notify the Clearinghouse or the law-enforcement agency of any child whose location has been determined.

(d) Information received under this section must be purged by the appropriate law-enforcement agency and the Clearinghouse immediately on location of a missing child who has been included in the Clearinghouse database. Fingerprints of a missing child provided to a law-enforcement agency or the Clearinghouse must be returned to the person providing the fingerprints on location of the missing child.

(e) The Delaware State Police shall adopt rules and regulations for the utilization of DIAC to assist investigative law-enforcement agencies during their investigation as a resource for the receipt, analysis, and dissemination of information to those entities that have a need and right to know about the missing child.

64 Del. Laws, c. 388, §  165 Del. Laws, c. 48, §  176 Del. Laws, c. 385, §§  1, 278 Del. Laws, c. 266, §  684 Del. Laws, c. 219, § 6