Discussion in 'Kentucky' started by christine2448, Sep 27, 2008.
Please post here any current laws/alerts in place relating to the Missing/UID in the State of KY.
502 KAR 35:040. Reporting of missing children by law enforcement agencies.
RELATES TO: KRS 17.450, 17.460
STATUTORY AUTHORITY: KRS 15A.160 17.080, 17.450, 17.460
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.450 mandates that the Justice Cabinet shall establish a Kentucky Missing Child Information Center which shall serve as the Central Repository of and clearing house for information about Kentucky related missing children. KRS 17.460 mandates that the law enforcement agencies receiving notification of a missing child shall report information relating to that missing person to the Missing Child Information Center in a timely nature. This administrative regulation establishes procedures and time frames associated with the reporting of a missing child
Section 1. As defined in 502 KAR 35:010(3), a Kentucky Missing Persons Report Form shall be initiated and completed immediately by a law enforcement agency upon receiving notification from a parent or guardian that a child is missing. If possible, a current photograph and a Child-I-Dent Form will be obtained from the parent, guardian, or, if approved by the parent or guardian, from the school of the missing child. The Kentucky Missing Persons Report Form shall either be completed by the responsible law enforcement agency or completed to the fullest extent possible with the information available and in all cases will be forwarded to the Missing Child Information Center no later than twenty-four (24) hours after notification by parent or guardian. In the event that the missing child is located prior to forwarding the report form, it is not necessary to forward that report form to the Missing Child Information Center.
Section 2. The law enforcement agency receiving the initial report of a missing child shall immediately enter into the Law Information Network of Kentucky and the National Crime Information Center computer criterion information related to the missing child.
Section 3. In the event that the reporting agency does not have direct terminal access to NCIC or is not participating in the regional LINK/NCIC Network, it shall be the responsibility of the reporting agency to enter criterion information through the nearest Kentucky State Police Post. It shall not be the responsibility of said post to assure the ongoing investigation of the missing child incident, that responsibility shall remain with the submitting agency.
Section 4. As soon as possible, but no later than twenty-four (24) hours after the entry of missing child information, the investigating law enforcement agency shall notify law enforcement agencies having concurrent jurisdiction via electronic or telecommunicative means. Receiving agencies shall promptly notify agency duty personnel of all information relating to a missing child incident.
Section 5. The Kentucky Missing Child Information Center shall issue flyers containing physical and situational descriptions of missing children when requested by a law enforcement agency or when determined by the Kentucky Missing Child Information Center. Minimum information required before a flyer may be issued from the Kentucky Missing Child Information Center, shall be: agency, case number, ORI, date missing, name, address, sex, race, date of birth, height, weight, hair color, the most recent photograph providing an adequate likeness, signature of parent or guardian, officer submitting report and agency authorization. It shall be the responsibility of the investigating agency to request that a flyer be issued and to submit to the Kentucky Missing Child Information Center all information needed. Flyers will be provided to all Kentucky law enforcement agencies as defined in 502 KAR 35:010(4) in addition to law enforcement agencies in geographical areas where there is reason to believe the missing child is proceeding to or in the process of being taken to.
Section 6. Cancellation of Missing Child Report. It shall be the responsibility of the law enforcement agency that found or returned the missing child to append the existing LINK/NCIC message by placing a locator message on the entry. It shall be the responsibility of the reporting agency upon notification and verification that the child has been found, to cancel missing child entries in LINK/NCIC. The Kentucky Missing Child Information Center may require information related to the finding or recovery of the missing child to better provide statistical information on missing children. (12 Ky.R. 94; eff. 8-13-85.)
17.460 Procedure by law enforcement agency upon receipt of report of missing child -- Transportation and return of child once located.
(1) Upon notification by a parent, guardian, person exercising custodial control or supervision, or the authorized representative of the Department for Community Based Services of the Cabinet for Health and Family Services if the child is a ward of the state, that a child is missing, the law enforcement agency receiving notification shall immediately complete a missing person's report in a form prescribed by the Justice and Public Safety Cabinet which shall include information the Justice and Public Safety Cabinet deems necessary for the identification of the missing child, including the child's physical description, last known location, and known associates.
(2) Within twenty-four (24) hours after completion of the missing person's report form, the law enforcement agency shall transmit the report for inclusion within the Kentucky Missing Child Information Center computer and shall cause the report to be entered into the National Crime Information Center computer.
(3) Within twenty-four (24) hours thereafter, the law enforcement agency shall investigate the report, shall inform all appropriate law enforcement officers of the existence of the missing child report, and shall communicate the report to every other law enforcement agency having jurisdiction in the area.
(4) (a) Upon location of the missing child and verification of the National Crime Information Center entry, the law enforcement agency shall transport the child to the parent, guardian, or person exercising custodial control or supervision.
(b) If the child is a ward of the state, the law enforcement agency shall transport the child to the authorized representative of the Department for Community Based Services of the Cabinet for Health and Family Services in the jurisdiction of the law enforcement agency.
(c) If the law enforcement agency is unable to return the child to the appropriate caretaker pursuant to paragraph (a) of this subsection, the law enforcement agency shall contact the court-designated worker with jurisdiction for placement determination.
(d) If the child is in custody on a charge of committing an offense pursuant to KRS Chapters 600 to 645, the law enforcement agency shall proceed according to the provisions therein.
(5) Within twenty-four (24) hours after a missing child is located and returned to the appropriate caretaker pursuant to subsection (4) of this section, the law enforcement agency which transported, found, or returned the missing child shall notify both the Missing Child Information Center and the National Crime Information Center of that fact.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 97, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 93, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 75, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 414, sec. 5, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 382, sec. 12, effective July 13, 1984.
502 KAR 35:030. Quality of information reported to the Kentucky Missing Child Information Center.
RELATES TO: KRS 17.450, 17.460
STATUTORY AUTHORITY: KRS 15A.060, 17.080, 17.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.450(8) provides that the Secretary of Justice may issue administrative regulations in order to provide for the orderly receipt and/or retrieval of missing child information. This administrative regulation establishes entry and retrieval of miss*ing child information procedures.
Section 1. Only law enforcement agencies as defined in 502 KAR 35:010(4) shall be allowed to enter, change existing information or retrieve information from the files of the Missing Child Information Center. Initial entry or modification of exist*ing missing child information shall only be accomplished by the submission of the Kentucky Missing Persons Report Form to the Missing Child Information Center. Each submitted Kentucky Missing Persons Report Form shall be as complete as possible and list the submitting law enforcement officer's name as well as the authorizing law enforcement agency.
Section 2. A parent or guardian may enter or retrieve missing child information directly to or from the Missing Child Information Center on his child when the law enforcement agency of jurisdiction has refused to enter or retrieve such missing child information. The parent or guardian of the missing child that has been denied service by a law enforcement agency may directly contact the Kentucky Missing Child Information Center for assistance in the initial entry, modification thereof, or retrieval of information relating to his or her missing child. The Missing Child Information Center shall immediately notify the State Police Post, which serves the area, to initiate an investigation on the missing child.
Section 3. Affidavit Certifying Noncompliance with KRS 17.450 by a Law Enforcement Agency. The parent or guardian attesting that a law enforcement agency has not rendered the appropriate service as outlined in KRS 17.450 or 17.460 shall be required to file a formal affidavit outlining the circumstances surrounding the failure of the law enforcement agency to provide service. Copies of said affidavit shall be forwarded to the chief administrative officer of the agency denying service in addition to the State Police Post which will conduct the investigation on the missing child.
Comes _______________, after being duly sworn and states for his/her affidavit as follows:
1. My name is _____________ and I reside at __________.
2. I am the mother/father/guardian of ________, a child/mentally incompetent or disabled individual.
3. ______________ has been missing since ____________.
4. I requested that the _________________ (police agency) ______________ (address) enter my child into the Kentucky Missing Child Information Center Network on _______ (date). Officer ______________ refused to do so because __________.
5. I request that the Kentucky State Police enter this information into this network immediately.
Subscribed and sworn to before me by _________________ this ______ day of _______, 19___, at City of _________________, ________________ County, Kentucky.
Notary Public - State at Large
My commission expires ____________________.
(12 Ky.R. 92; eff. 8-13-85.)
The Kentucky Golden Alert Law
Golden alert. SB 125 will create a "Kentucky Golden Alert" to make local media aware when an impaired adult, such as a person with Alzheimer's, is reported missing. The program will be similar to the Amber Alert program, in which cases of missing children are publicized so that more people will be on the lookout for the missing person.
AN ACT relating to impaired adults.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 39F.010 is amended to read as follows:
The following definitions apply in this chapter unless the context otherwise requires:
(1) "General rescue squad" means a rescue squad which performs one (1) or more of the following functions as a stated mission of the organization:
(a) Light duty rescue;
(b) Extrication of persons from vehicles;
(c) Water rescue and recovery operations not utilizing divers;
(d) Search for lost, trapped, or missing persons not utilizing dogs;
(e) Low angle rescue and recovery operations; and
(f) High angle rescue and recovery operations.
(2) "Impaired adult" means a person age eighteen (18) years of age or older who has a verified mental or cognitive impairment and whose disappearance poses a credible threat to the health or safety of the person, as determined by a local law enforcement agency.
(3) "Reports and notification" means the reporting and notification of any search and rescue mission to the appropriate agency or person in the manner as specified by this chapter.
(4)Rescue" means gaining access, rendering appropriate care, and transporting of a person or persons by whatever means, to a safe environment for appropriate care.
(5)Rescue squad" means any organization which engages in the search for lost persons, rescue of persons, rescue of persons who are trapped or who are in need of rescue services, search for and recovery of drowned persons, or any other rescue related activity. "Rescue squad" shall not include the rescue of persons from a fire by a fire department, the extrication of persons from a vehicle or other activities which an emergency medical technician, emergency medical technician first responder, or paramedic is authorized to perform pursuant to applicable statutes and administrative regulations, if the activities are performed by a person for an ambulance service or in the role of a first responder. If these activities are performed other than as a first responder or in the role of an ambulance service and are involved in rescue operations, they come within the purview of activities of a rescue squad.
(6)Search" means the process of looking for a person or persons whose location is not precisely known, and who may be in distress.
(7)Search and rescue" ("SAR") means the process of looking for a lost, missing, or overdue person or persons who may be in distress, and rendering care with the use of appropriately trained and adequately equipped personnel.
(8)Search and rescue mission" includes, but is not limited to, searching for a missing or lost person or persons, cave rescue, high angle or rough terrain rescue, urban search and rescue, dive rescue and recovery of drowning victims, inland water search, rescue, and recovery. "Search and rescue" may also include any mission permitted pursuant to this chapter. A "search and rescue mission" does not include mine rescue missions under the jurisdiction of the Department for Natural Resources pursuant to KRS Chapter 351.
(9)Specialized rescue squad" means a rescue squad which performs one (1) or more of the following functions as the primary or sole mission of the organization:
(a) Cave rescue;
(b) Search utilizing dogs for lost, trapped or missing persons;
(c) Search for lost, trapped or missing persons, aircraft, or vehicles, utilizing aircraft, but does not apply to licensed air ambulances, active or reserve military organizations, the National Guard, or the Civil Air Patrol; and
(d) Water rescue and recovery operations utilizing divers.
(10) "Victim recovery" means the search for and the removal to the jurisdiction of the coroner of the remains of a person known or believed to be dead. If the person is found alive, it includes rescue of the person.
Section 2. KRS 39F.020 is amended to read as follows:
(1) Rescue squads may be formed and duly authorized to perform in the public interest. Authorization to operate within a jurisdiction may be granted by the chief elected official of each urban-county government, charter county government, county, or city which the squad proposes to serve. Rescue squads shall have a formal affiliation with the local disaster and emergency services organization. The statement of affiliation shall be renewed annually.
(2) Except as provided in KRS 39F.040, a rescue squad shall be composed of at least twelve (12) active members and shall maintain at least one (1) vehicle dedicated to rescue service. Squads may operate in conjunction with a fire division, or may operate as a separate unit.
(3) Each rescue squad shall develop and maintain bylaws and written procedures to specify, at a minimum, election or appointment, succession, and term of officers; financial accounting; property accountability; and rules of notification and response to emergencies.
(4) Rescue squads shall contribute to public safety and welfare by performing functions which may include but not be limited to: removal of victims trapped in vehicles or structures; search for lost or missing persons or missing impaired adults, except those sought for criminal acts; first aid; emergency evacuation; recovery of drowning victims; recovery of any corpse if not accessible by ambulance or hearse and if so authorized by the coroner; and traffic control at an accident scene when requested by law enforcement authorities. Rescue squads organized for the purpose of searching for lost or missing impaired adults shall work in cooperation with local media outlets to notify the public that an impaired adult is lost or missing. Rescue squads shall not engage in law enforcement activities other than traffic control.
(5) The division shall administer funds appropriated for rescue equipment and training and the division shall promulgate administrative regulations to be applied to all rescue squads that apply for financial assistance.
Section 3. KRS 39F.180 is amended to read as follows:
(1) All 911 centers and dispatch centers, law enforcement agencies, law enforcement dispatchers, fire departments, rescue squads, emergency medical service agencies, and emergency management agencies shall report the information required to be reported by administrative regulation, for all reports of persons missing, lost, or overdue, if a search for the lost person has lasted for more than two (2) hours to:
(a) The local emergency management director; and
(b) The local search and rescue coordinator for the jurisdiction in which the person is reported missing.
(2) (a) Any search for a missing minor, as that term is defined in KRS 2.015, shall be reported to the Department of Kentucky State Police by the person or organization to whom the missing minor is reported.
(b) A search for a person who is known or reported to have an organic brain disorder, including but not limited to Alzheimer's disease, shall immediately be reported as a Golden Alert to the local emergency management director, local search and rescue coordinator if different from the local emergency manager, local media outlets, and the duty officer of the Division of Emergency Management by the person managing the search or by the organization conducting the search. The provisions of this section do not apply to any licensed long-term health care provider conducting a search for a missing resident until the provider requests a search by a person or organization specified in subsection (1) of this section.
(c) The making of this report does not relieve the person or organization from the duty to make other notifications and reports required in this section.
(3) Any search and rescue mission which has lasted four (4) hours without the subject being located shall be immediately reported to the duty officer of the Division of Emergency Management by telephone or radio.
(4) The results of each lost, missing, or overdue person report or search mission required to be reported under subsections (1) to (3) of this section shall be reported to the division and the local director on forms provided by the division and containing the information required by administrative regulation. The report shall be filed within twenty (20) days after:
(a) The search and rescue mission is discontinued; or
(b) The victim has not been found and a decision is made to keep the case open or continue searching on a limited basis, whichever occurs earlier.
(5) Each agency required to notify a local emergency management director or the division of a report of a missing person, or a search mission pursuant to this section shall develop a written standard operating procedure for handling and reporting requests to search for missing, lost, or overdue persons. This standard operating procedure shall be a public record.
(6) The contents of reports, information to be conveyed upon notification, and other matters relating to the administration of this section and the securing of information required hereby shall be specified by the division by administrative regulations.
(7) There is no requirement in Kentucky to delay the search for or rescue of any lost, missing, or overdue person. Any person who is reported lost, missing, or overdue, adult or child, may be searched for immediately by any emergency management, fire, law enforcement, emergency medical services, search and rescue, rescue squad, or other similar organization to which a missing or overdue person is reported. No public safety answering point, emergency dispatch center, or 911 center shall delay any call reporting a person lost, overdue, or missing to the organization specified in the county search and rescue annex of the county emergency management plan as responsible for searching for lost, missing, or overdue persons.
Section 4. The provisions of Sections 1 to 3 of this Act shall be known as the "Golden Alert Bill."
AMBER ALERT PROTOCOL
I. SITUATION AND ASSUMPTIONS
A. The America’s Missing: Broadcast Emergency Response (AMBER) Plan is a key part of the Kentucky missing Child Project. The AMBER Plan is a program developed by the National Center for Missing and Exploited Children to provide immediate information and assistance in the search for abducted children. Its goal is to instantly alert and involve entire communities to assist in locating abducted children.
B. The AMBER Plan is a voluntary partnership between law enforcement agencies and broadcasters to alert the pubic when a child has been abducted and is believed to be in serious danger. Under the AMBER Plan, area radio and television stations initially interrupt programming to broadcast information about the abducted child using the Emergency Alert System (EAS), the emergency system typically used for alerting the public to severe weather emergencies.
To provide information on the Amber Plan Alert protocol in Kentucky.
III. DIRECTION AND CONTROL
A. The Kentucky State Police have the primary responsibility for AMBER Alert Activation. The Kentucky State Police are a full service organization with 24-hour access to all local law enforcement agencies investigating child abductions. Sixteen (16) State Police posts are regionally located throughout the state.
B. Any local, city, county, or state law enforcement agency that investigates an abduction case shall make a request for AMBER Plan activation through the nearest State Police post.
IV. CONCEPT OF OPERATIONS
A. All law enforcement agencies within the commonwealth of Kentucky will utilize every resource available to investigate and facilitate the safe return of all abducted children.
B. When a child has been reported abducted, the nearest law enforcement agency shall respond and provide immediate assistance.
C. Once a child is confirmed by a law enforcement agency to be abducted, the Kentucky State Police Missing Person form (KSP-261) shall be completed in full as required by Kentucky revised statute, with a current photograph attached. The information contained within the KSP-261 shall be entered into LINK/NCIC computer system as expeditiously as possible. The KSP-261 shall be forwarded to the Kentucky State Police Intelligence Section, Missing Persons Unit, within 24 hours for processing.
D. All pertinent information shall be gathered concerning the possible location of the abducted child and circumstances surrounding his or her disappearance.
E. Once law enforcement has conducted the initial investigation, certain criteria must be met to trigger an AMBER Alert. Consistent with recommendations by the National Center for Missing and Exploited Children, the following criteria shall be met before an alert is activated:
1. Law enforcement confirms a child has been abducted;
2. Law enforcement believes and confirms the circumstances surrounding the abduction.
3. There are indications the child is in danger of serious bodily harm or death;
4. There is sufficient descriptive information about the child, the abductor, and/or the suspect’s vehicle.
F. If these criteria are met, the information below must be compiled by the investigating agency:
1. Alert information shall include, but is not limited to:
a. Full name, nicknames, age sex, race height, weight, hair color, eye color, clothing child was last observed wearing.
b. Location, date and time the child was last seen.
c. Recent photograph(s), preferably a close-up of the child’s face.
d. Medical issues the child has, i.e., need for prescription drugs, allergies, or other pressing medical conditions.
e. Belongings in the child’s possession when he or she was last seen (book bags, backpacks, game cases, notebooks), jewelry, body piercing, or noticeable scars.
f. Abductor information: Name (if known), age, sex, race, height, weight, hair/eye color, clothing, dress, jewelry, body piercing, facial hair, glasses or other identifying information.
g. Abductor’s vehicle description, including year, make, model, color, license plate, distinctive insignia, personalization, or damage which sets it apart form others.
h. Direction of travel and last known location of vehicle or conveyance.
G. It is imperative that activation of the AMBER Alert through the Emergency Alert System (EAS) is utilized only in instances meeting the required criteria so as to not interfere with the operation of the EAS or diminish its importance through overuse.
H. In order to ensure a smooth flow of information, a lead source is designated to request activation of the AMBER Plan. Any local, city, county, or state law enforcement agency that investigates an abduction case shall make a request for AMBER Plan activation through the nearest State Police post. The Post Commander or his/her designee shall forward this request to Central Headquarters in Frankfort, KY by the quickest means available.
I. If the investigating agency is the Kentucky State Police, they shall also make their request to Headquarters Command.
J. During business hours, a designated member of the Kentucky State Police command in Frankfort will determine if the incident meets the criteria for AMBER Plan activation. The Kentucky State Police Acting Command Duty Officer will make the determination after normal business hours.
K. If the criteria for AMBER Plan activation are met, the Kentucky State Police command officer-in-charge will direct the headquarters radio-room dispatcher to obtain all pertinent data from the investigating agency.
L. The Kentucky State Police headquarters radio-room dispatcher will then contact the Division of Emergency Management, State Emergency Operations Center (24 hour access), (502) 607-1638 OR 1-800-255-2587, to inform the Duty Officer of an AMBER Plan alert. All pertinent information concerning the missing child, the abductor and any vehicle will be provided to the State Emergency Operations Center Duty Officer via facsimile. A follow-up phone call will be initiated from the State Emergency Operations Center to verify the activation of the alert.
M. The Kentucky State Police radio-room dispatcher will also notify the National Center for Missing and Exploited Children via telephone that an AMBER Plan alert is being activated and brief circumstances surrounding the disappearance.
N. The Emergency Alert System (EAS) will be activated at this time. The State Emergency Operations Center (EOC) will notify media liaisons of the information to be broadcast with this alert. The information will be provided in script form to aid in broadcasting.
O. The Emergency Alert System is a tier-down system that can be activated regionally or statewide.
P. The decision will be made jointly with the Kentucky State Police and the Division of Emergency Management, State Emergency Operations Center (EOC) whether to activate the AMBER Plan alert statewide or in one or more of the 14 regional systems throughout the state based on the circumstances of the abducted child.
Q. The State Emergency Operations Center (EOC) will notify the Statewide Transportation Operation Center (STOC) in the Transportation Cabinet with pertinent information regarding the abduction in order for interstate signage to be activated when applicable. Road sign messages will be limited to “AMBER Alert: Tune to Local Media.”
R. The AMBER Plan will air three (3) times within the first hour following activation and once each hour thereafter.
S. The National Center for Missing and Exploited Children will be re-contacted concerning the status of the alert and its outcome.
V. ADMINISTRATIVE SUPPORT
A. After an AMBER Plan Alert has been utilized, all parties involved in the activation of this system shall meet to evaluate the effectiveness of the Alert. Any changes, ideas or additional implementations will be discussed at this time.
B. All agencies involved in the activation of the AMBER Plan Alert will be responsible for providing their own administrative support.
The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003, otherwise known as the PROTECT Act, gives law-enforcement authorities valuable tools to deter, detect, investigate, prosecute, and punish crimes committed against children; strengthens laws against child pornography; and addresses deficiencies in federal sentencing policies and practices. Provisions that relate specifically to missing or abducted children include an increase in the base-offense level for kidnapping; a mandatory 20-year sentence for an offender whose kidnapping victim is a nonfamily-member minor; attempt liability for international parental kidnapping; Suzanne's Law, which requires each federal, state, and local law-enforcement agency to enter missing children younger than the age of 21 into the FBI's NCIC database; Amerinformation about mca's Missing: Broadcast Emergency Response (AMBER) Alert provisions calling for the national coordination of state and local AMBER Alert programs, including the appointment of a national AMBER Alert coordinator3 and the development of guidelines for the issuance and dissemination of AMBER Alerts; a Code ADAM program that requires designated authorities for public buildings to establish procedures for locating a child who is missing in the building;4 and making the statute of limitations for crimes involving the abduction of a child the life of the child.
Subscribe to the Kentucky Amber Alert
Separate names with a comma.