Discussion in 'Hawaii' started by imamaze, Nov 1, 2008.
Please post here any current laws/alerts in place relating to the Missing/UID.
Hawaii Clearinghouse for Missing Children applicable Hawaii Laws
Custodial interference in the first degree.
(1) A person commits the offense of custodial interference in the first degree if:
(a) The person:
(i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices, conceals, or detains the minor from any other person who has a right to custody pursuant to a court order, judgment, or decree; and
(ii) removes the minor from the State;
(b) The person intentionally or knowingly takes, entices, conceals, or detains a minor less than eleven years old from that minor's lawful custodian, knowing that the person had no right to do so; or
(c) The person, in the absence of a court order determining custody or visitation rights, intentionally or knowingly takes, detains, conceals, or entices away a minor with the intent to deprive another person or a public agency of their right to custody, and removes the minor from the State.
(2) It is an affirmative defense to a prosecution under this section that the person had "good cause" for the violation of a court order issued pursuant to chapter 586, for the taking, detaining, concealing, or enticing away of the minor, or for removing the minor from the State; provided that the person asserting the affirmative defense filed a report with the clerk of the family court detailing the whereabouts of the minor, the person who took, enticed, detained, concealed, or removed the minor or child, and the circumstances of the vent as soon as the filing of the report was practicable; and provided further that the person asserting the affirmative defense also filed a request for a custody order as soon as the filing of the request was practicable.
As used in this section, "good cause" means a good faith and reasonable belief that the taking, detaining, concealing, enticing away, or removing of the minor is necessary to protect the minor from immediate bodily injury.
(3) The identity and address of the person reporting under subsection (2) shall remain confidential unless the information is released pursuant to a court order.
(4) Custodial interference in the first degree is a class C felony.
SECTION 2. This act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
Custodial interference in the second degree.
(1) A person commits the offense of custodial interference in the second degree if
(a) The person intentionally or knowingly takes, entices, conceals, or detains a minor knowing that the person has no right to do so: or
(b) The person intentionally or knowingly takes, entices, conceals, or detains from lawful custody any incompetent person, or other person entrusted by authority of law to the custody of another person or an institution.
(2) Custodial interference in the second degree is a misdemeanor, if the minor or incompetent person is taken, enticed, concealed, or detained within the State. If the minor or incompetent person is taken, enticed, concealed, or detained outside of the State under this section, custodial interference in the second degree is a class C felony.
HRS §707-720 Kidnapping.
(1) A person commits the offense of kidnapping if he intentionally or knowingly restrains another person with intent to:
(a) Hold him for ransom or reward;
(b) Use him as a shield or hostage;
(c) Facilitate the commission of a felony or flight thereafter;
(d) Inflict bodily injury upon him or subject him to a sexual offense;
(e) Terrorize him or a third person; or
(f) Interfere with the performance of any governmental or political function.
(2) Except as provided in subsection (3), kidnapping is a class A felony.
(3) In a prosecution for kidnapping, it is a defense which reduces the offense to a class B felony that the defendant voluntarily released the victim, alive and not suffering from serious or substantial bodily injury, in a safe place prior to trial.
Missing children; reporting.
(a) Upon the filing of a police report that a child is missing by the parent or guardian, the law enforcement agency receiving notification shall:
(1) Immediately inform all on-duty law enforcement officers of the existence of the missing child report;
(2) Report pertinent information about the missing child to any other law enforcement agency having jurisdiction in the county; and
(3) Immediately transmit pertinent information on the missing child for inclusion within the state juvenile justice information system, and, if it appears that the juvenile has left the State or may leave the State, the National Crime Information Center system.
(b) A missing child report filed with a law enforcement agency which has jurisdiction is sufficient documentation for entering a juvenile in the missing persons' files of the juvenile justice information system, the National Crime Information Center, or both. Law enforcement agencies having jurisdiction over the missing child shall comply with any information required by the National Crime Information Center to effectuate the purpose of this section.
(c) In the case of a parental kidnapping, the law enforcement agency shall obtain from the reporting parent or guardian a certified copy of the custody papers. [L1994, c 244, §1]
Filing and enforcement of custody decree of another state.
(a) A certified copy of a custody decree of another state may be filed in the office of the clerk of any family court of this State. The clerk shall treat the decree in the same manner as a custody decree of the family court of this State. A custody dec ree so filed has the same effect and shall be enforced in like manner as a custody decree rendered by a court of this State.
(b) A person violating a custody decree of another state which makes it necessary to enforce the decree in this State may be required to pay necessary travel and other expenses, including attorneys' fees, incurred by the party entitled to the custody or the party's witnesses. [L 1973, c 88, pt of 1; gen ch 1993]
Registry of out-of-state custody decrees and proceedings
The clerk of each family court shall maintain a registry in which the clerk shall enter the following;
1. Certified copies of custody decrees of other state received for filing;
2. Communications as to the pendency of custody proceedings in other states;
3. Communications concerning a finding of inconvenient forum by a court of another state; and
4. Other communications or documents concerning custody proceeding in another state which may affect the jurisdiction of a court of this State or the disposition to be make by it in a custody proceeding. [L 1973, c88, pt of 1; gen ch 1993]
The general policies of this chapter extend to the international area. The provisions of this chapter relating to the recognition and enforcement of custody decrees of other states apply to custody decrees involving legal institutions similar in nature t o custody, rendered by appropriate authorities of other nations if reasonable notice and opportunity to be heard were given to all affected persons. [L 1973, c88, pt of 1]
Expedited process of paternity.
(a) To expedite the establishment of paternity, each public and private birthing hospital or center and the department of health shall provide unwed parents the opportunity to voluntarily acknowledge the paternity of a child during the period immediately prior to or following the child's birth. The voluntary acknowledgment of paternity shall be in writing and shall consist of a single form signed under oath by both the natural mother and the natural father and signed by a witness. The voluntary acknowl edgment of paternity form shall include the Social Security number of each parent. Prior to the signing of the voluntary acknowledgment of paternity, designated staff members of such facilities shall provide to both the mother and the alleged father, if h e is present at the facility:
1. Written materials regarding paternity establishment;
2. Forms necessary to voluntarily acknowledge paternity;
3. Oral and written descriptions of the alternatives to, the legal consequences of, and the rights and responsibilities of acknowledging paternity, including, if one parent is a minor, any right afforded due to minority status; and
4. The opportunity to speak with staff who are trained to provide information and answer questions about paternity establishment.
The completed voluntary acknowledgment forms shall clearly identify the name and position of the staff member who provides information and answers questions of the parents regarding paternity establishment. The provision by designated staff members of the facility of the information required by this section shall not constitute the original acknowledgment of paternity containing the Social Security numbers, if available of both parents, with the information required by the department of health which shall be promptly recorded by the department of health.
(b) The child support enforcement agency shall:
5. Provide to any person or facility the necessary: (A) Materials and forms and a written description of the rights and responsibilities related to voluntary acknowledgment of paternity; and (B) Training, guidance, and written instructions regarding voluntary acknowledgment of paternity;
6. Annually assess each facility's paternity establishment program; and
7. Determine of a voluntary acknowledgment has been filed with the department of health whenever it receives an application for paternity establishment services.
(c) Notwithstanding sections 338-17.7 and 338-18(b), the department of health shall disclose to the child support enforcement agency, upon request, all voluntary acknowledgment of paternity forms on file with the department of health.
(d) As used in this section:
"Agency" means the child support enforcement agency.
"Birthing center" means any facility outside a hospital that provides maternity services.
"Birthing hospital" means any hospital with licensed obstetric-care units, any hospital licensed to provide obstetric services, or any licensed birthing center associated with a hospital.
"Facility: means a birthing hospital or a birthing center.
(e) The signed voluntary acknowledgment of paternity shall constitute a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment:
8. Within sixty days of signature; or
9. Before the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order to which the signatory is a party, whichever is sooner.
(f) Following the sixty-day period referred to in subsection (e), a signed voluntary acknowledgment of paternity may be challenged in court only on basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger. The le gal responsibilities of any signatory arising from the acknowledgment including child support obligations, shall not be suspended during the challenge, except for good cause shown.
(g) The courts and office of child support hearings of the State shall give full faith and credit to affidavits for the voluntary acknowledgment of paternity signed in any other state and these affidavits shall constitute legal finding of paternity subje ct to subsections (e) and (f).
(h) Judicial and administrative proceedings shall not be required or permitted to ratify an unchallenged acknowledgment of paternity. [l 1996, c 154, 1; am L 1997, c 293, 41]
Paternity determinations from other states and territories.
Paternity determinations from other states and territories, whether established through voluntary acknowledgment or through administrative or judicial processes, shall be treated the same as a paternity adjudication in the State. [L 1994, 26, §1]
The Missing Child Center-Hawaii (MCCH) locates and recovers missing children, reunites missing children with their families, and prevents child abductions in Hawaii.
The MCCH meets this mission by:
Coordinating the efforts of federal, state, and local law enforcement agencies as well as other public and private agencies, in the protection of children;
Developing and implementing programs that promote community awareness about child abduction; and, Maintaining a system to notify the public when a child is missing in Hawaii.
MAILE AMBER Honolulu
A MAILE AMBER Alert can be activated when police believe a child has been abducted and is in danger. This alert is not intended for runaways or custodial interference cases unless it is determined that the child may be harmed, and will be activated statewide when all of the following criteria have been met:
• The child must be 17 years of age or younger
• There must be sufficient information to indicate that the child has been abducted and is in immediate danger of serious bodily injury or death
• Sufficient information is available about the child and the abductor and/or abductor’s vehicle
How Does the MAILE AMBER Plan Work?
If your child is missing and in presumed danger, immediately call 9-1-1 and file a missing persons report. The first few hours are the most critical. Be prepared to provide police with a recent photo and detailed physical information of your child, including the type of clothing worn. A description of the suspect and the vehicle used in the abduction, the direction of flight and the vehicle’s license number are also highly important. Once law enforcement has been notified about an abducted child, they must determine if the case meets the criteria for issuing a MAILE AMBER Alert.
Code Adam- Including Participants
Code Adam, one of the country's largest child-safety programs, was created and promoted by the Wal-Mart® retail stores and named in memory of 6-year-old Adam Walsh whose abduction from a Florida shopping mall and murder in 1981 brought the horror of child abduction to national attention.
When a customer reports a missing child to a store employee, a "Code Adam" alert is announced over the public-address system. A brief description of the child is obtained and provided to all designated employees who immediately stop their normal work to search for the child and monitor all exits to help prevent the child from leaving the store.
If the child is not found within 10 minutes of initiating a storewide search, or if the child is seen accompanied by someone other than a parent or guardian, store personnel contact local law enforcement and request assistance.
Since the Code Adam program began in 1994 it has been a powerful preventive tool against child abductions and lost children in more than 45,000 stores across the nation. Wal-Mart®, with the help of NCMEC, has generously offered other retailers the opportunity to implement this powerful tool against child abduction."
News On Demand- Poster Program
Missing Child Feature Available on Oceanic Time Warner Cable News on Demand Channel
When a case is opened with the Missing Child Center-Hawaii, a poster of the missing child is given to Oceanic Time Warner Cable to be posted on the News On Demand Channel. If a viewer can identify seeing the missing child, he/she can call the law enforcement agency and report the lead.
One child in six featured in the National Center for Missing and Exploited Children's poster program is recovered as a direct result of someone in the general public recognizing the child in the picture and notifying authorities. Pictures work and if more people took the time to look at them, more families would be reunited.
Missing Child Center Hawaii Dept. of Attorney General