11-02-2008, 10:27 AM #1Former Member
- Join Date
- Feb 2005
IA Laws/Alerts in Place
Please post here any current laws/alerts in place relating to the Missing/UID.
01-09-2009, 03:25 PM #2Registered User
- Join Date
- Jul 2008
IAC 7/2/08 Public Safety Ch 89, p.1
[Prior to 11/22/06, see 661—Ch 19]
661—89.1 to 89.99 Reserved.
MISSING PERSON INFORMATION CLEARINGHOUSE
661—89.100(694) Missing person information clearinghouse. The missing person information clearinghouse is established in the division of criminal investigation. The clearinghouse provides a program for compiling, coordinating, and disseminating information, in order to locate missing persons
through public awareness and cooperation, and to educate law enforcement officers and the general public about the issues related to missing persons.
661—89.101(694) Administration of missing person information clearinghouse. The division of criminal investigation administers the missing person information clearinghouse, and all questions,comments, or requests for, or submission of, information should be directed to the clearinghouse at the division of criminal investigation. Inquiries by mail should be addressed to: Missing Person Information Clearinghouse, Division of Criminal Investigation, Iowa Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319. Inquiries by electronic mail should be addressed to email@example.com.
661—89.102(694) Definitions. The following definitions apply to rules 661—89.100(694) through
“Approved” means having met the criteria set forth by the department of public safety.
“Clearinghouse” means the missing person information clearinghouse in the division of criminal
investigation, Iowa department of public safety.
“Commissioner” means the commissioner of the Iowa department of public safety or the
commissioner’s authorized designee.
“Department” means the Iowa department of public safety.
“Missing person” means an individual having temporary or permanent residence in Iowa, or who is
believed to be in Iowa, whose location has not been determined, who has been reported as missing to a
law enforcement agency, and who:
1. Is physically or mentally disabled.
2. Is missing under circumstances indicating that the missing person may be in danger.
3. Is missing under circumstances indicating that the missing person’s disappearance was not
4. Is under the age of 21.
“Missing person report” means a report filed by a law enforcement agency or a private individual
with the clearinghouse on a missing person report form.
“Missing person report form” means a form designated by the department of public safety for use by
private citizens and law enforcement agencies to report missing person information to the missing person
information clearinghouse. Law enforcement agencies may use forms other than the form designated by
the department of public safety to submit missing person information to the clearinghouse, provided that
all of the information requested on the designated form is provided.
“Prevention and education materials” means those materials that are designed to aid in the
prevention of child abduction and to address risks of the exploitation of missing children and that are
used in conjunction with a prevention and education program.
“Prevention and education programs” means those programs which have as their primary purpose
the prevention of child abduction and of the exploitation of missing children.
“Programs and materials registry” or “registry” means a list of prevention and education materials
and programs approved by the department.
Ch 89, p.2 Public Safety IAC 7/2/08
661—89.103(694) Program information.
89.103(1) A toll-free telephone line (1-800-346-5507) is available 24 hours a day, seven days a week,
to collect and disseminate information concerning missing persons in Iowa.
89.103(2) Current information on Iowa missing persons, including photographs when available, is
available on the Web site of the clearinghouse.
89.103(3) After filing a complaint of a missing person with a law enforcement agency, the person
filing the complaint may submit information to the clearinghouse on a missing person report form, which
may be obtained from the clearinghouse or any law enforcement agency.
89.103(4) After a missing person complaint has been filed with a law enforcement agency, any
person may submit information on a missing person report form to the clearinghouse.
661—89.104(694) Prevention and education programs and materials.
89.104(1) The clearinghouse shall maintain a registry of approved prevention and education
programs and materials regarding missing and runaway children.
89.104(2) Any person or group wishing to submit prevention and education programs and materials
for approval and inclusion in the registry may contact the clearinghouse in order to request information
on submitting prevention and education programs and materials for approval.
89.104(3) The clearinghouse shall consider prevention and education programs and materials
submitted for approval only upon receipt by the clearinghouse of all specified materials. The person
or group submitting prevention and education programs or materials to the clearinghouse shall be
notified of approval or rejection of the programs or materials on the registry. No prevention and
education programs or materials shall be represented as having been approved by the clearinghouse or
the department unless they have been approved and placed on the registry.
89.104(4) The following criteria shall govern approval of education and prevention materials and
programs by the department:
a. A prevention or education program must contain all elements deemed necessary to adequately
cover the subject matter.
b. Prevention and education programs and materials shall not contain any elements determined to
be offensive or pornographic or which sensationalize the problem of missing persons.
c. Prevention and education programs and materials shall meet standards established by the
d. Prevention and education programs and materials which have been approved by the National
Center for Missing and Exploited Children are deemed to be approved by the department.
89.104(5) Modifications to approved programs or materials shall be submitted to the clearinghouse
for review and approval and shall not be represented as approved by the clearinghouse until such approval
has been received.
89.104(6) Prevention or education programs or materials may be rejected for inclusion in the registry
of approved prevention and education programs and materials if it is determined that materials utilized
or content of the program is other than that which was submitted to the clearinghouse for approval, or
if it is determined, based on current knowledge, that information provided in prevention and education
programs and materials that have been approved previously is outdated or misleading.
89.104(7) Prevention or education programs or materials for which approval has been withdrawn by
the clearinghouse shall be removed from the registry. The person or group that submitted the withdrawn
program or material for consideration and approval shall be notified, if practicable.
89.104(8) If prevention or education programs or materials submitted to the clearinghouse are
rejected for inclusion in the registry, or if the programs or materials previously approved are removed
from the registry, the person or group that submitted the programs or materials to the clearinghouse
may appeal the rejection or removal to the commissioner within 30 days of the date on which the
clearinghouse notified the person or group of the rejection or withdrawal. A proceeding arising
from this rule shall be a contested case and shall be subject to rules 661—10.301(17A) through
IAC 7/2/08 Public Safety Ch 89, p.3
89.104(9) Any individual or group may contact the clearinghouse regarding prevention and
education programs and materials to ascertain if a specific program or material is on the registry.
89.104(10) Any individual may file a complaint with the clearinghouse regarding prevention and
education programs and materials on the registry. Complaints shall be directed to the clearinghouse in
661—89.105(694) Release of information. Prevention and education materials and program
information filed with the clearinghouse for review are open records. Information received by the
department that pertains to a missing person, other than criminal investigative data, shall be open
records unless deemed confidential pursuant to Iowa Code chapter 22, 692 or 694, or other provision of
89.106(1) The clearinghouse shall distribute missing person information that contains the names,
photographs, descriptions, and information related to the events surrounding the disappearance of
missing persons through publication on the Missing Person Information Clearinghouse Web site. The
law enforcement agency or person to contact if a missing person is located and the names of all located
missing persons will be included in the information shown on the Web site.
NOTE: The Web site of the missing person information clearinghouse is http://www.iowaonline.
89.106(2) Each week the clearinghouse shall produce, update, and publish public service
announcements on the clearinghouse Web site. A media outlet may request to receive the weekly public
service announcement by electronic mail by subscribing to the electronic mail notification service
available through the department Web site.
661—89.107(694) Training. The department shall develop training programs for law enforcement
personnel and the general public.
89.107(1) Training for local law enforcement personnel shall include missing person reporting
and legal procedures, tracking of missing persons, unidentified bodies, and criteria and procedures for
89.107(2) Training for the general public shall include information to assist in the prevention of child
exploitation and kidnapping.
These rules are intended to implement Iowa Code section 694.10.
661—89.108 to 89.199 Reserved.
AMBER ALERT PROGRAM
661—89.200(694) AMBER alert program. The AMBER alert program is a cooperative effort of the
department of public safety, the department of transportation, the lottery authority, the Iowa association
of broadcasters, the Iowa state association of sheriffs and deputies, local law enforcement agencies, and
the national weather service.
661—89.201(694) Criteria. An AMBER alert shall be issued by Iowa state patrol communications upon
receipt of a request from a law enforcement agency, provided that the following criteria for issuance of
an AMBER alert are met:
1. Law enforcement has confirmed that a person has been abducted, and an entry has been made
into the Iowa On-line Articles and Warrants (I.O.W.A.) System identifying the person as missing.
2. The person who has been abducted is under the age of 18.
3. Law enforcement believes the circumstances surrounding the abduction indicate that the child
is in danger of serious bodily injury or death.
Ch 89, p.4 Public Safety IAC 7/2/08
4. There is enough descriptive information about the child, abductor, or suspect’s vehicle to
believe that an immediate broadcast alert will help.
The criteria should be interpreted broadly so as to protect the safety of the abducted child and to
maintain the integrity of the AMBER alert program and criteria.
661—89.202(694) Activation procedures.
89.202(1) An Iowa AMBER alert shall be issued by Iowa state patrol communications upon receipt
of a request from a participating law enforcement agency, provided that the criteria established in rule
661—89.201(694) are met.
89.202(2) In order to initiate an Iowa AMBER alert, a law enforcement agency shall submit by
facsimile transmission a completed copy of the “State of Iowa AMBER Alert Notification Plan Facsimile
Transmission Packet” to the Des Moines station of Iowa state patrol communications. If transmission
to the Des Moines station is not feasible, transmission may be made to the Cedar Rapids station of Iowa
state patrol communications.
89.202(3) Upon receipt by Iowa state patrol communications of a completed facsimile transmission
packet and if the AMBER alert criteria established in rule 661—89.201(694) are met, an AMBER alert
shall be transmitted via the Emergency Alert System (EAS) to Iowa broadcasters.
89.202(4) After initiation of an AMBER alert, additional information may be submitted by the
participating law enforcement agency by facsimile transmission, electronic mail, or telephone.
89.202(5) After initiation of an AMBER alert, available information shall be posted on the Iowa
AMBER alert Web site.
NOTE: The Web site of the Iowa AMBER alert program is at www.iowaamberalert.org.
89.202(6) The communications officer of the Iowa state patrol may direct the issuance of an Iowa
AMBER alert, upon receiving a request to do so from another state in which an AMBER alert has been
issued, provided that there is evidence that the abductor may be traveling with the abducted child to or
89.202(7) An Iowa AMBER alert shall terminate if the child who was abducted is located or if five
hours have elapsed since the initiation of the alert. An alert may be renewed.
89.202(8) If an Iowa AMBER alert is requested and if the circumstances indicate that a person
is missing, the information shall be transmitted promptly to the Iowa missing person information
661—89.203(694) Alternative alert if criteria are not satisfied. If an AMBER alert has been requested
and the criteria established in rule 661—89.201(694) are not satisfied, the department may issue a missing
person alert or a missing child alert.
These rules are intended to implement Iowa Code chapter 694.
[Filed emergency 6/28/85—published 7/17/85, effective 7/1/85]
[Filed 1/10/86, Notice 7/17/85—published 1/29/86, effective 3/6/86]
[Filed 4/1/88, Notice 9/23/87—published 4/20/88, effective 5/25/88]
[Filed 4/13/90, Notice 12/13/89—published 5/2/90, effective 6/10/90]
[Filed 11/2/06, Notice 9/27/06—published 11/22/06, effective 1/1/07]
01-09-2009, 03:32 PM #3Registered User
- Join Date
- Jul 2008
IOWA MISSING PERSON INCIDENT TYPES
A person of any age who is missing and under proven physical/mental disability or is senile, thereby subjecting himself/herself or others to personal and immediate danger.
A person of any age who is missing under circumstances indicating that his/her physical safety is in danger.
A person of any age who is missing under circumstances indicating that the disappearance was not voluntary, i.e., abduction or kidnapping.
A person of any age who is missing after a catastrophe, (i.e., victims of disasters, such as tornadoes, etc.
An adult who is missing and does not meet any of the entry criteria for Disability, Endangered, Involuntary, or Catastrophe
A minor who is missing and has been declared unemancipated as defined by the laws of his/her state of residence and who has been abducted by non-custodial parent or relative.
L=LOST OR WANDERED AWAY
A minor who is lost or has wandered away. This category does not include those persons taken by force or runaways.
A juvenile who is missing and declared unemancipated as defined by the laws of his/her state of residence and does not meet any of the entry criteria for Disability, Endangered, Involuntary, Familial Kidnap, Abduction, Catastrophe or Lost or Wandered Away.
01-10-2009, 09:58 PM #4Registered User
- Join Date
- Jul 2008
Iowa HB 685
Prohibits the routine collection, use and storage of fingerprints of children by governmental entities (including schools), except with the written consent of parents.
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