2021 New York Laws
EXC - Executive
Article 35 - Division of Criminal Justice Services
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.
