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Thread: OK Laws/Alerts in Place
10-12-2008, 03:59 PM #1
OK Laws/Alerts in Place
Please post Oklahoma's Laws & Alerts in Place here.*******************************************
Located September 10, 1990 in Manvel, Texas
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Kimberly Shawn Cheatham
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Title 10. Children
Chapter 52 - Uniform Child Custody Jurisdiction Act
Section 1628 - Investigation of Missing Child 16 Years and Under
It is hereby made the duty of any sheriff, chief of police, city marshal, constable, or any other law enforcement officer, upon notification of a report of a missing child sixteen (16) years and under, to immediately initiate an investigation into the disappearance of said child. Added by Laws 1983, c. 87, � 1, emerg. eff. May 9, 1983.
Chapter 52 - Uniform Child Custody Jurisdiction Act
Oklahoma Minor Identification Act
Section 1632 - Legislative Intent (applicable sections)
It is the intent of the Legislature that the children of this state be provided certain safeguards. It is important that children entering the school system of this state as well as children already in the school system be fingerprinted in accordance with the provisions of the Oklahoma Minor Identification Act and said fingerprints be used for locating or identifying any child in this state or any other state who is reported lost, missing, kidnapped, or killed. Added by Laws 1986, c. 288, � 4, eff. July 1, 1986.
Chapter 70 - Oklahoma Children's Code
Section 7005-1.6 - Report of Missing Child or Issuance of Fingerprint Card (applicable sections)
If a child is reported to a law enforcement agency as a missing child or a custodial parent, legal guardian or legal custodian of a child requests the issuance of a fingerprint card pursuant to the provisions of the Oklahoma Minor Identification Act, the provisions of the Oklahoma Minor Identification Act shall apply. With the voluntary and informed consent of the parent, legal guardian or legal custodian of the child, fingerprints obtained and maintained pursuant to the Oklahoma Minor Identification Act may be used by law enforcement officers. Added by Laws 1995, HB 1978, c. 352, � 62, emerg. eff. July 1, 1995.
Chapter 71 - Oklahoma Child Abuse Reporting and Prevention Act
Section 7115.1 - Relinquishment of Child to Medical Services Provider or Child Rescuer(applicable sections)
E. Upon being made aware that a medical services provider or child rescuer has possession of a child under the provisions of this act, the Department of Human Services shall immediately check with law enforcement authorities to determine if a child has been reported missing and whether the missing child could be the relinquished child.
Chapter 73 - Oklahoma Juvenile Code
Section 7307-1.6 - Persons Under 18 to be Fingerprinted (applicable sections)
The fingerprinting of persons under eighteen (18) years of age shall be as prescribed by law for the fingerprinting of adults, except as specified by the provisions of this section.
3. Fingerprints obtained and maintained pursuant to this section may be used only by law enforcement officers for comparison purposes in connection with the investigation of a crime or to establish identity in instances of death, serious illness, runaways, or emergency; and
4. If a child is reported to a law enforcement agency as a missing child or a custodial parent, legal guardian or legal custodian of a child requests the issuance of a fingerprint card pursuant to the provisions of the Oklahoma Minor Identification Act, the provisions of the Oklahoma Minor Identification Act shall apply. With the voluntary and informed consent of the parent, legal guardian or legal custodian of the child, fingerprints obtained and maintained pursuant to the Oklahoma Minor Identification Act may be used by law enforcement officers as provided by paragraph 3 of this section. Added by Laws 1991, c. 296, � 12, eff. Jan. 1, 1992. Amended by Laws 1995, c. 352, � 182, eff. July 1, 1995. Renumbered from � 1125.3 of this title by Laws 1995, c. 352, � 199, eff. July 1, 1995. Amended by Laws 1996, c. 211, � 2, eff. Nov. 1, 1996.
Section 150.27a - Title 74. State Government
DNA Data base.
OKLAHOMA AMBER ALERT CRITERIA
The Amber Plan requires law enforcement to meet two criteria when evaluating a child abduction. Police departments must have both parts of the scenario present before an activation of the alert can occur. The guidelines are as follows:
The “Amber Alert” should be activated when a child 17 years of age or younger, or an individual under proven mental or physical disability is abducted and there is reason to believe the victim is in imminent danger of serious bodily injury or death.*
There is information available to disseminate to the general public which could assist in the safe recovery of the victim and/or the apprehension of a suspect.
*The word “abducted” is still a cause concern and should he addressed. Law enforcement should make every attempt to verify that an actual abduction has taken place, but some margin for error must be tolerated. If the above guidelines are met except there is no concrete confirmation of an abduction, then the activation most likely should go forward. Each case under this scenario should be independently evaluated.
Silver Alert Resolution
The Oklahoma House of Representatives passed a resolution calling for a Silver Alert system in 2006 to find missing seniors. As a resolution, the Silver Alert program is not required by law, according to the Department of Public Safety that is responsible for implementing the program. The alert system is issued for patients with Alzheimer’s Disease, dementia or other health issues. The key difference in the Amber Alert system and the Silver Alert program in Oklahoma is that the Silver Alert program does not interrupt broadcast programming like the Amber Alert program. The Oklahoma Department of Public Safety reports that so far the system does not seem to be overused. This was a concern about the program before its implementation. About 10 seniors have been found since that time.
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