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  1. #1
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    NY Laws/Alerts in Place

    Please post here any NY current laws/alerts in place relating to the Missing/UID.

  2. #2
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    New York State AMBER Alert Plan

    AMBER Alert Guidelines

    The New York State AMBER Alert Plan can be activated when an investigating law enforcement agency confirms that:
    1. An abduction of a child (under the age of 18) has occurred, and
    2. The child is believed to be in danger of serious bodily harm or death, either due to the actions of another or due to a proven mental or physical condition.

    Even if formal activation criteria have been met, activation may be impractical if available information is not specific enough and/or an extended period of time passed since the disappearance.

    For example, an AMBER Alert specifying involvement of a white van (without a license plate number) could actually hinder an investigation by causing the public to inundate police agencies with possible sightings.

    Notes:
    1. "Confirms" is defined as having reasonable cause to believe that a child has been abducted. While confirmation is usually established through eyewitness accounts, eliminating other possibilities through investigation can also be used to reasonably conclude that a child has been abducted.
    2. Familial abductions qualify only if a child is endangered by the actions of the abducting family member.
    3. Whenever the NYSP COMSEC declines to issue an AMBER Alert, requesting agencies are referred to the NYS DCJS Missing and Exploited Children Clearinghouse (MECC) for possible issuance of a Missing Child/College Student Alert and to other NYSP investigative resources.


    Missing Child/College Student Alert

    When a missing child or college student is deemed to be endangered, but the case does not meet AMBER Alert activation criteria, an alternative alert system is available.

    Iformation can be distributed electronically to every police agency in New York State, NYS Thruway travel plazas and toll barriers, broadcasters, Alert subscribers and others within minutes. Information is also placed on the NYS DCJS website. Unlike an AMBER Alert, station managers decide if and when to broadcast information.

    http://www.nysamber.troopers.state.ny.us/

    Subscribe to Email Alerts

    Subscribe to Wireless Alerts

  3. #3
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    New York State Executive Law
    §§ 837-e, 837-f and 838
    § 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.
    § 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 non-identifying 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 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;

    (continued below)

  4. #4
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    (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.


    § 838. Identification of Unknown Dead and Missing Persons.
    1. Every county medical examiner and coroner shall furnish the division promptly with copies of fingerprints on standardized eight inch by eight inch fingerprint cards, personal descriptions and other identifying data, including date and place of death, of all
    deceased persons whose deaths are in a classification requiring inquiry by the coroner where the deceased is not identified or the medical examiner or coroner is not satisfied with the decedent’s identification.
    2. In any case where it is not physically possible to furnish prints of the ten fingers of the deceased, prints or partial prints of any fingers with other identifying data shall be forwarded by the county medical examiner or coroner to the division.
    3. In addition to the foregoing provisions of this section, the county medical examiner or coroner shall cause a dentist authorized topractice pursuant to article one hundred thirty-three of the education law or a dental student in a registered school of dentistry in this state to carry out a dental examination of the deceased. The medical examiner or coroner shall forward the dental examination records to the division on a form supplied by the division for that purpose.
    4. The division shall compare the fingerprints received from the county medical examiners or coroners to fingerprints on file with the division for purposes of attempting to determine the identity of the deceased. Other descriptive data supplied with the fingerprints shall also be compared to records maintained by the division concerning missing persons. The division shall submit the results of the comparisons to the appropriate medical examiner or coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
    5. (a) (i) When any person makes a report of a missing person to a law enforcement authority, the authority shall request a member of the family or next of kin of the missing person to authorize the release to the division of the dental records of the person reported missing. The release shall be on a form supplied by the division. If the person reported missing is still missing thirty days after the report is made, the law enforcement authority shall deliver the release to the dentist or dentists of the missing person, and request the dentist or dentists to deliver such records, including dental x-rays, to the division within ten days. The form of such request shall also include means by which the law enforcement authority shall be notified of the delivery of such records.
    (ii) When the person reported missing has not been found within thirty days and no family or next of kin exists or can be located, the law enforcement authority may execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted, and that the dental records are necessary for the exclusive purpose of furthering the investigation. Such written declaration, signed by a peace officer, is sufficient authority for the dentist or dentists to release the missing person`s dental records, including dental x-rays, to the division.
    (b) Upon receipt of a properly executed release and request or declaration, the dentist or dentists shall forward the dental records, including dental x-rays, to the division, where a file shall be maintained concerning persons reported to it as missing and who have
    not been reported to it as found. The file shall contain dental records and such other information as the division finds to be relevant to assisting in the location of a missing person. The law enforcement authority shall be notified of the delivery of such records.
    6. The division shall compare the dental records received from the county medical examiners or coroners to dental records of missing persons on file with the division. The division shall submit the results of the comparison to the appropriate medical examiner or
    coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
    7. When a person previously reported missing has been found, the superintendent of state police, sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall erase all records with respect to such person and/or destroy any documents
    which are maintained pursuant to this section and shall report to the division that the person has been found and that the records and documents have been so erased or destroyed. After receiving such a report, the division shall erase all records with respect tosuch person and/or destroy any documents which are maintained pursuant to this section.
    8. The information contained in the division`s missing person files shall be made available by it to law enforcement agencies attempting to locate missing persons.
    9. Notwithstanding any other provision of law, no criminal justice agency shall establish or maintain any policy which requires the observance of a waiting period before accepting and investigating a missing child report. Upon receipt of a report of a missing child, criminal justice agencies shall make entries of such report to the register in the manner provided by section eight hundred thirty-seven-e of this article. http://criminaljustice.state.ny.us/m...lawnonycrr.pdf

    New York State Printing and Public Documents Law § 3-A
    Assistance in locating missing children.

    § 3-a. Assistance in locating missing children. Every state agency shall consult with the missing and exploited children clearinghouse on means by which public printing including stationery, newsletters and other written or electronic printings may be used to assist in the location of missing children in conformance with the guidelines prescribed in section eight hundred thirty-seven-f of the executive law.


    State Finance Law § 92-WMissing and exploited children clearinghouse fund.
    * § 92-w. Missing and exploited children clearinghouse fund. 1. A special fund to be known as the "missing and exploited children clearinghouse fund" is hereby established in the custody of the state comptroller and the commissioner of taxation and finance.
    2. The fund shall consist of all monies transferred to such fund pursuant to law, all monies required by any provision of law to be paid into or credited to the fund, all moneys from gifts pursuant to section six hundred twenty-eight of the tax law and any interest earnings which may accrue from the investment of monies in the fund. Nothing contained herein shall prevent the state from receiving grants, gifts or bequest for the purposes of the fund as defined in this section and depositing them into the fund according to law.
    3. Monies of the fund, when allocated, shall be available to the division of criminal justice services for the enhancement of public information and prevention education efforts including production of print, video and radio advertising materials, brochures, pamphlets and outdoor advertising, or for any other activity or purpose that will aid in the prevention of the exploitation of children or in the recovery of missing and exploited children, as deemed necessary by the missing and exploited children clearinghouse created pursuant to section eight hundred thirty-seven-f of the executive law.
    4. Monies shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the director of the division of criminal justice services.
    * NB There are 2 § 92-w's

  5. #5
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    Tax Law Article 22P2 § 628. Gift for missing and exploited children clearinghouse fund. Effective for any tax year commencing on or after January first, nineteen hundred ninety-seven, an individual in any taxable year may elect to contribute to the missing and exploited children clearinghouse fund. Such contribution shall be in any whole dollar amount and shall not reduce the amount of state tax owed by such individual. The commissioner shall include space on the personal income tax return form to enable a taxpayer to make such contribution. Notwithstanding any other provision of law, all revenues collected pursuant to this section shall be paid to the missing and exploited children clearinghouse fund established pursuant to and used only for those purposes enumerated in section ninety-two-w of the state finance law.

    >Civil Practice Law and Rules Article 45
    § 4527. Death or other status of missing person.
    (a) Presumed death.
    A written finding of presumed death, made by any person authorized to
    make such findings by the federal missing persons act is prima facie
    evidence of the death, and the date, circumstances and place of
    disappearance. In the case of a merchant seaman, a written finding of
    presumed death, made by the maritime war emergency board or by the war shipping administration or the successors or assigns of such board or
    administration in connection with war risk insurance is prima facie
    evidence of the death, and the date, circumstances and place of
    disappearance.
    (b) Death, internment, capture and other status. An official written
    report or record that a person is missing, missing in action, interned
    in a neutral country, or beleaguered, besieged or captured by an enemy,
    or is dead, or is alive, made by an officer or employee of the United
    States authorized by law of the United States to make it is prima facie
    evidence of such fact.

    Education Law § 3222 (applicable section)
    4. Upon notification by the division of criminal justice services that
    a child has been listed as a missing child, a school in which the child
    is currently or was previously enrolled shall flag the schooling record
    of the child in such a manner that whenever a copy of or information
    concerning the schooling record is requested, the person authorized to
    issue such record shall be alerted to the fact that the child has been
    reported as a missing child. The school shall immediately report to the
    local law enforcement authority and the division of criminal justice
    services any request concerning flagged schooling records or knowledge
    as to the whereabouts of any missing child. Upon notification by the
    division of criminal justice services that a reported missing child has
    been recovered, the school shall remove the flag from the person's
    schooling record.
    5. Upon notification by the division of criminal justice services that
    a child who may be listed as a missing child is currently enrolled in
    and believed to be attending a New York school, such school shall
    immediately notify the division of criminal justice services.


    Education Law § 3212 (applicable section)
    a. Shall submit at the time such individual begins to attend upon
    instruction evidence of age as required for the issuance of an
    employment certificate, or show that such evidence cannot be produced.
    When such evidence cannot be produced, or when circumstances exist which reasonably indicate that such individual may be a missing child, the
    superintendent of schools or his or her authorized representative shall
    report and make inquiry to the statewide central register for missing
    children pursuant to section eight hundred thirty-seven-e of the
    executive law. If such child appears to match a child registered with
    the statewide central register for missing children, or one registered
    with the national crime information center register, the superintendent
    or his or her authorized representative shall immediately contact the
    local law enforcement authority. 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.

    Education Law § 3222 (applicable section)
    4. Upon notification by the division of criminal justice services that
    a child has been listed as a missing child, a school in which the child
    is currently or was previously enrolled shall flag the schooling record
    of the child in such a manner that whenever a copy of or information
    concerning the schooling record is requested, the person authorized to
    issue such record shall be alerted to the fact that the child has been
    reported as a missing child. The school shall immediately report to the
    local law enforcement authority and the division of criminal justice
    services any request concerning flagged schooling records or knowledge
    as to the whereabouts of any missing child. Upon notification by the
    division of criminal justice services that a reported missing child has
    been recovered, the school shall remove the flag from the person's
    schooling record.
    5. Upon notification by the division of criminal justice services that
    a child who may be listed as a missing child is currently enrolled in
    and believed to be attending a New York school, such school shall
    immediately notify the division of criminal justice services.

    Education Law § 6206 (applicable section)
    15. a. The board of trustees shall adopt rules requiring that each
    institution of the city university, on or before January first, two
    thousand, adopt and implement a plan providing for the investigation of
    any violent felony offense occurring at or on the grounds of each such
    institution, and providing for the investigation of a report of any
    missing student. Such plans shall provide for the coordination of the
    investigation of such crimes and reports with local law enforcement
    agencies. Such plans shall include, but not be limited to, written
    agreements with appropriate local law enforcement agencies providing for
    the prompt investigation of such crimes and reports.
    b. As used in this subdivision, the following terms shall have the
    following meanings:
    (i) "Local law enforcement agencies" means any agency or agencies
    employing peace officers or police officers for the enforcement of the
    laws of the state, and which has or have jurisdiction under provisions
    of the criminal procedure law over offenses occurring at or on the
    grounds of any institution subject to the provisions of this
    subdivision.
    (ii) "Missing student" means any student of an institution subject to
    the provisions of this subdivision, who resides in a facility owned or
    operated by such institution and who is reported to such institution as
    missing from his or her residence.

    Social Services Law § 352 (applicable section)

    (c) to establish cooperative arrangements with the family court,
    county attorneys, corporation counsels and other law enforcement
    officials, for the location of missing parents of such children and for
    the enforcement of their obligations to support or contribute to support
    of such children to the extent of their ability;

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    Social Services Law § 372 (applicable section)
    7. An authorized agency as defined in paragraphs (a) and (b) of
    subdivision ten of section three hundred seventy-one of this chapter or
    any primary or secondary school or an office of the division for youth,
    except agencies operating pursuant to article nineteen-H of the
    executive law, who shall receive, accept, enroll or commit any child
    under such circumstances as shall reasonably indicate that such child
    may be a missing person shall make inquiries of each such child to the
    division of criminal justice services in a manner prescribed by such
    division; provided that as used in this subdivision a court shall not be
    included within the definition of an authorized agency. If such child
    appears to match a child registered with the statewide central register
    for missing children as described in section eight hundred
    thirty-seven-e of the executive law, or one registered with the national
    crime information center register, such agency shall immediately contact
    the local law enforcement agency.

    Social Services Law § 398 (applicable section)
    (f) Report to the local criminal justice agency and to the statewide
    central register for missing children as described in section eight
    hundred thirty-seven-e of the executive law such information as required
    on a form prescribed by the commissioner of the division of criminal
    justice services within forty-eight hours after an abandoned child is
    found.

    Social Services Law § 422 (applicable section)
    (q) a criminal justice agency conducting an investigation of a missing
    child where there is reason to suspect such child or such child's
    sibling, parent, guardian or other person legally responsible for such
    child is a person named in an indicated report of child abuse or
    maltreatment and that such information is needed to further such
    investigation



    Executive Law § 510-B
    2. Runaway and homeless youth plan; state aid.

    a. A county may submit to the commissioner a plan for the providing of
    services for runaway and homeless youth, as defined in article
    nineteen-H of this chapter. Where such county is receiving state aid
    pursuant to paragraph a of subdivision one of this section, such runaway
    and homeless youth plan shall be submitted as part of the comprehensive
    county plan and shall be consistent with the goals and objectives
    therein. A runaway and homeless youth plan shall be developed in
    consultation with the county youth bureau and the county or city
    department of social services, shall be in accordance with the
    regulations of the commissioner, shall provide for a coordinated range
    of services for runaway and homeless youth and their families including
    preventive, temporary shelter, transportation, counseling, and other
    necessary assistance, and shall provide for the coordination of all
    available county resources for runaway and homeless youth and their
    families including services available through the county youth bureau,
    the county or city department of social services, local boards of
    education, local drug and alcohol programs and organizations or programs
    which have past experience dealing with runaway and homeless youth. Such
    plan may include provisions for transitional independent living support
    programs for homeless youth between the ages of sixteen and twenty-one
    as provided in article nineteen-H of this chapter. Such plan shall also
    provide for the designation and duties of the runaway and homeless youth
    service coordinator defined in section five hundred thirty-two-a of this
    chapter who is available on a twenty-four hour basis and maintains
    information concerning available shelter space, transportation and
    services. Such plan may include provision for the per diem reimbursement
    for residential care of runaway and homeless youth in approved runaway
    programs which are authorized agencies, provided that such per diem
    reimbursement shall not exceed a total of thirty days for any one youth.
    b. Each county shall submit to the commissioner such additional
    information as the commissioner shall require, including but not limited
    to:
    (1) A description of the current runaway and homeless population
    including their age, place of origin, family status, service needs and
    eventual disposition;
    (2) A description of the public and private resources available to
    serve runaway and homeless youth within the county;

    (3) A description of new services to be provided and current services
    to be expanded.
    c. The commissioner shall review such plan and may approve or
    disapprove such plan, or any part, program, or project within such plan,
    and may propose such modifications and conditions as deemed appropriate
    and necessary.
    d. (1) Counties having an approved runaway and homeless youth plan
    pursuant to this subdivision shall be entitled to reimbursement by the
    state for sixty percent of the entire amount of the expenditures for
    programs contained in such plan as approved by the commissioner, after
    first deducting therefrom any federal or other state funds received or
    to be received on account thereof. All reimbursement pursuant to this
    subdivision shall be from and limited to funds appropriated separately
    for such runaway and homeless youth program purposes by the state, and
    shall not be included under the limits set in subdivision one of this
    section. The county's share of the cost of such programs may be met in
    part by donated private funds or in-kind services, as defined by the
    office, provided that such private funding or receipt of services shall
    not in the aggregate be more than fifty percent of such county's share.
    (2) Notwithstanding any inconsistent provision of law and subject to
    funds appropriated separately therefor, a county having an approved
    runaway and homeless youth plan which includes provisions for
    transitional independent living support programs shall be entitled to
    reimbursement by the state for sixty percent of the entire amount of the
    approved expenditures for transitional independent living support
    programs contained in the plan as approved by the commissioner. The
    county's share of the cost of such programs may be met by donated
    private funds or in-kind services, as defined by the office, provided
    that such receipt of in-kind services shall not in the aggregate be more
    than fifty percent of such county's share.
    3. For the purpose of reimbursement by the state, administrative
    expenses shall include compensation for personal services paid by a
    municipality, to any employee for the purpose of administering the
    benefits provided by this article. No state reimbursement shall be made,
    however, for such compensation paid to any employee who lacks the
    qualifications necessary for the work or who, after a trial period, is
    considered by the commissioner unable to do satisfactory work.
    4. Moneys appropriated for use of the commissioner shall be paid out
    of the state treasury on the certificate of the commissioner or of an
    officer of the office designated by the commissioner, after audit by and
    upon the warrant of the comptroller.
    5. a. Notwithstanding any other provision of law, the office of
    children and family services shall plan for the statewide implementation
    by the thirty-first day of December, two thousand eight, of a county
    child and family services plan that combines the county comprehensive
    plan required by this section and the multi-year consolidated services
    plan required by section thirty-four-a of the social services law into a
    single plan.
    b. All counties shall implement a county child and family services
    plan prior to or for the two thousand eight plan year in accordance with
    a schedule developed by the office of children and family services and
    shall continue to implement such a plan thereafter. With the approval of
    such office, a county may implement a child and family services plan
    before the date required by such schedule.
    c. The office of children and family services may waive any regulatory
    requirements relating to the content and timing of county comprehensive
    plans that may impede the ability of a county to implement a county
    child and family services plan.
    (continued below)

  7. #7
    Join Date
    Jul 2008
    Posts
    2,523
    EXC - Executive
    Article 19-H - RUNAWAY AND HOMELESS YOUTH ACT OF NINETEEN HUNDRED SEVENTY-EIGHT
    532 - ARTICLE 19-H
    RUNAWAY AND HOMELESS YOUTH ACT OF
    NINETEEN HUNDRED SEVENTY-EIGHT

    § 532-a. Definitions. For the purposes of this article the term:
    1. "Runaway youth" shall mean a person under the age of eighteen years
    who is absent from his legal residence without the consent of his
    parent, legal guardian or custodian.
    2. "Homeless youth" shall mean a person under the age of twenty-one
    who is in need of services and is without a place of shelter where
    supervision and care are available.
    3. "Youth in need of crisis intervention or respite services" shall
    mean a person under the age of eighteen years who is a potential
    respondent under article seven of the family court act, who, with the
    consent of his or her parent or other person legally responsible for the
    youth, is determined by the local juvenile probation department or
    social services official to be in need of crisis intervention or respite
    services.
    4. "Approved runaway program" shall mean any non-residential program
    approved by the office of children and family services after submission
    by the county youth bureau, as part of its comprehensive plan, or any
    residential facility which is operated by an authorized agency as
    defined in subdivision ten of section three hundred seventy-one of the
    social services law, and approved by the office of children and family
    services after submission by the county youth bureau as part of its
    comprehensive plan, established and operated to provide services to
    runaway and homeless youth in accordance with the regulations of the
    office of temporary and disability assistance and the office of children
    and family services. Such programs may also provide non-residential
    crisis intervention and residential respite services to youth in need of
    crisis intervention or respite services, as defined in this section.
    Residential respite services in an approved runaway program may be
    provided for no more than twenty-one days in accordance with the
    regulations of the office of children and family services.
    5. "Runaway and homeless youth service coordinator" shall mean any
    person designated by a county whose duties shall include but not be
    limited to answering inquiries at any time concerning transportation,
    shelter and other services available to a runaway or homeless youth or a
    youth in need of crisis intervention or respite services.
    6. "Transitional independent living support program" shall mean any
    non-residential program approved by the office of children and family
    services after submission by the county youth bureau as part of its
    comprehensive plan, or any residential facility approved by the office
    of children and family services after submission by the county youth
    bureau as part of its comprehensive plan, established and operated to
    provide supportive services, for a period of up to eighteen months in
    accordance with the regulations of the office of children and family
    services, to enable homeless youth between the ages of sixteen and
    twenty-one to progress from crisis care and transitional care to
    independent living. Such transitional independent living support program
    may also provide services to youth in need of crisis intervention or
    respite services. Notwithstanding the time limitation in paragraph (i)
    of subdivision (d) of section seven hundred thirty-five of the family
    court act, residential respite services may be provided in a
    transitional independent living support program for a period of more
    than twenty-one days.

    § 532-b. Powers and duties of approved runaway program. 1.
    Notwithstanding any other provision of law, pursuant to regulations of
    the office of children and family services an approved runaway program
    is authorized to and shall:
    (a) provide assistance to any runaway or homeless youth or youth in
    need of crisis intervention or respite services as defined in this
    article;
    (b) attempt to determine the cause for the youth's runaway or homeless
    status;
    (c) explain to the runaway and homeless youth his legal rights and
    options of service or other assistance available to the youth;
    (d) work towards reuniting such youth with his parent or guardian as
    soon as practicable in accordance with section five hundred thirty-two-c
    of this article;
    (e) assist in arranging for necessary services for runaway or homeless
    youth, and where appropriate, their families, including but not limited
    to food, shelter, clothing, medical care, education and individual and
    family counseling. Where the approved runaway program concludes that
    such runaway or homeless youth would be eligible for assistance, care or
    services from a local social services district, it shall assist the
    youth in securing such assistance, care or services as the youth is
    entitled to; and
    (f) immediately report to the local child protective service where it
    has reasonable cause to suspect that the runaway or homeless youth has
    been abused or neglected or when such youth maintains such to be the
    case.
    2. The runaway youth may remain in the program on a voluntary basis
    for a period not to exceed thirty days from the date of admission where
    the filing of a petition pursuant to article ten of the family court act
    is not contemplated, in order that arrangements can be made for the
    runaway youth's return home, alternative residential placement pursuant
    to section three hundred ninety-eight of the social services law, or any
    other suitable plan. If the runaway youth and the parent, guardian or
    custodian agree, in writing, the runaway youth may remain in the runaway
    program up to sixty days without the filing of a petition pursuant to
    article ten of the family court act, provided that in any such case the
    facility shall first have obtained the approval of the county runaway
    coordinator, who shall notify the county youth bureau of his approval
    together with a statement as to the reason why such additional
    residential stay is necessary and a description of the efforts being
    made to find suitable alternative living arrangements for such youth.

    § 532-c. Notice to parent; return of runaway youth to parent;
    alternative living arrangements. 1. The staff of the program shall, to
    the maximum extent possible, preferably within twenty-four hours but
    within no more than seventy-two hours following the youth's admission
    into the program, notify such runaway youth's parent, guardian or
    custodian of his or her physical and emotional condition, and the
    circumstances surrounding the runaway youth's presence at the program,
    unless there are compelling circumstances why the parent, guardian or
    custodian should not be so notified. Where such circumstances exist, the
    runaway program director or his designee shall either file an
    appropriate petition in the family court, refer the youth to the local
    social services district, or in instances where abuse or neglect is
    suspected, report such case pursuant to title six of article six of the
    social services law.
    2. Where custody of the youth upon leaving the approved program is
    assumed by a relative or other person, other than the parent or
    guardian, the staff of the program shall so notify the parent or
    guardian as soon as practicable after the release of the youth. The
    officers, directors or employees of an approved runaway program shall be
    immune from any civil or criminal liability for or arising out of the
    release of a runaway or homeless youth to a relative or other
    responsible person other than a parent or guardian.


    § 532-d. Residential facilities operated as transitional independent
    living support programs. Notwithstanding any inconsistent provision of
    law, pursuant to regulations of the office of children and family
    services, residential facilities operating as transitional independent
    living support programs are authorized to and shall:
    (a) provide shelter to homeless youth between the ages of sixteen and
    twenty-one as defined in this article;
    (b) work toward reuniting such homeless youth with his parent,
    guardian or custodian, where possible;
    (c) provide or assist in securing necessary services for such homeless
    youth, and where appropriate, his family, including but not limited to
    housing, educational, medical care, legal, mental health, and substance
    and alcohol abuse services. Where such program concludes that such
    homeless youth would be eligible for assistance, care or services from a
    local social services district, it shall assist such youth in securing
    such assistance, care or services;
    (d) for a homeless youth whose service plan involves independent
    living, provide practical assistance in achieving independence, either
    through direct provision of services or through written agreements with
    other community and public agencies for the provision of services in the
    following areas; high school education or high school equivalency
    education; higher education assessment; job training and job placement;
    counseling; assistance in the development of socialization skills;
    guidance and assistance in securing housing appropriate to needs and
    income; and training in the development of skills necessary for
    responsible independent living, including but not limited to money and
    home management, personal care, and health maintenance; and
    (e) provide residential services to a youth in need of crisis
    intervention or respite services, as defined in this article; and
    (f) continue to provide services to a homeless youth who is not yet
    eighteen years of age but who has reached the eighteen month maximum
    provided by subdivision six of section five hundred thirty-two-a of this
    article, until he or she is eighteen years of age or for an additional
    six months if he or she is still under the age of eighteen; and
    (g) provide such reports and data as specified by the office of
    children and family services.


    § 532-e. Powers and duties of the office of children and family
    services. The office of children and family services shall: (a) visit,
    inspect and make periodic reports on the operation and adequacy of
    approved runaway programs and transitional independent living support
    programs;
    (b) certify residential facilities providing care to runaway and/or
    homeless youth, provided, however, that no certification shall be issued
    or renewed until it can be demonstrated that a program operated pursuant
    to this article has consistent with appropriate collective bargaining
    agreements and applicable provisions of the civil service law, developed
    and implemented a procedure for reviewing and evaluating the backgrounds
    of and the information supplied by any person applying to be an
    employee, volunteer or consultant, which shall include but not be
    limited to the following requirements: that the applicants set forth his
    or her employment history, provide personal and employment references
    and sign a sworn statement indicating whether the applicant, to the best
    of his or her knowledge, has ever been convicted of a crime in this
    state or any other jurisdiction;
    (c) maintain a register of approved runaway programs, transitional
    independent living support programs and runaway and homeless youth
    service coordinators;
    (d) submit to the governor and legislature an annual report detailing
    the numbers and characteristics of runaway and otherwise homeless youth
    throughout the state and their problems and service needs;
    (e) develop and promulgate in consultation with county youth bureaus
    and organizations or programs which have had past experience dealing
    with runaway and homeless youth, regulations concerning the coordination
    and integration of services available for runaway and otherwise homeless
    youth and prohibiting the disclosure or transferal of any records
    containing the identity of individual youth receiving services pursuant
    to this section, without the written consent of the youth; and
    (f) develop and promulgate regulations in consultation with the office
    of temporary and disability assistance concerning the provision of
    services by transitional independent living support programs consistent
    with the provisions of this article.
    (g) in conjunction with the commissioner of education, develop and
    annually review a plan to ensure coordination and access to education
    for homeless children, in accordance with the provisions of section
    thirty-two hundred nine of the education law, and monitor compliance of
    residential programs for runaway and homeless youth with such plan.

    http://public.leginfo.state.ny.us/menugetf.cg

  8. #8
    Join Date
    Jul 2008
    Posts
    2,523
    New York State Crime Victims Board


    Who may be eligible for compensation from the Crime Victims Board?
    A:

    * The victim must be an innocent victim of the crime
    * Victims of crime who were physically injured as a result of the crime
    * Victims of crime who are under 18, 60 and over, or disabled, who were not physically injured
    * Certain relatives and dependents, including surviving spouse, child, parent, brother, sister, stepbrother, stepsister, stepparent or person primarily dependent on the victim for support
    * Those who paid for or incurred burial costs for an innocent crime victim
    * Child victims, a child who witnesses a crime, and the child’s parent, stepparent, grandparent, guardian, brother, sister, stepbrother or stepsister
    * Certain victims of unlawful imprisonment or kidnapping
    * Certain stalking victims
    * Victims of terrorist acts outside of the US who are a resident of New York State
    * Victims of frivolous lawsuits brought by a person who committed a crime against the victim


    PART 525

    PRACTICE AND PROCEDURE BEFORE THE BOARD
    (Statutory authority: Executive Law, §§ 623, 624;
    Public Officers Law, § 87, art. 6-A) (applicable sections)(applicable sections)

    Sec.
    525.1 Definitions
    525.2 Filing of claims
    525.32 Victims of human trafficking, presumption of
    physical injury

    525.1 Definitions

    (i) Child victim shall mean a person less than 16 years of age who suffers physical, mental or emotional injury, or loss or damage, as a
    direct result of a crime or as a result of witnessing a crime.
    (j) When a child is reported missing for a period greater than 30 days, there shall be a rebuttable presumption that s(he) is a victim of
    a crime.

    525.2 Filing of claims
    (iii) Parents, guardians, brothers or sisters of a child presumed to be a victim as a result of having been reported missing for longer than 30 days may, if otherwise eligible, receive an award for psychological counseling necessitated by the child's presumed victimization.


    525.32

    Victims of human trafficking, presumption of physical injury. When a claimant applies as a victim of labor trafficking as defined in section 135.35 of the penal law, or sex trafficking as defined in section 230.34 of the penal law, there shall be a rebuttable presumption that such victim has suffered a physical injury for the purposes of eligibility under Article 22 of the Executive Law.

    http://cvb.state.ny.us/LegalInformat...gulations.aspx


    A VICTIM’S GUIDE TO RESTITUTION IN NEW YORK STATE
    A BROCHURE FOR CRIME VICTIMS


    The New York State
    Crime Victims Board
    1-800-247-8035
    http://www.cvb.state.ny.us
    TTY: 1-888-289-9747

    http://www.cvb.state.ny.us/Files/200...%208-20-07.pdf
    http://www.cvb.state.ny.us/Files/English_NY_CVB.pdf



    UNA GUIA A LA RESTITUCIÓN EN EL ESTADO DE NUEVA YORK
    UN FOLLETO PARA LAS VICTIMAS DE CRIMEN
    Este folleto esta diseñando para ayudarle a entender el proceso de la restitución y a responderle las preguntas mas frecuentes.
    La Junta de Compensación para las Víctimas de Crimen
    1-800-247-8035


    http://www.cvb.state.ny.us/Files/200...0-07%20(1).pdf
    http://www.cvb.state.ny.us/Files/Spa..._CVB_Mar07.pdf


    http://www.cvb.state.ny.




    Note: This information is also posted in NY Advocacy thread.



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