Legislation
SECTION 837-F
Missing and exploited children clearinghouse
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 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.
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.