2012 New York Consolidated Laws
EXC - Executive
Article 35 - (835 - 846*2) DIVISION OF CRIMINAL JUSTICE SERVICES
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, such missing child hereinafter defined as any person
  under the age of eighteen years 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.
    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; and
    (f)  linking  the  register with the national crime information center
  register.
    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.