Section 837-F. Missing and exploited children clearinghouse  


Latest version.
  • 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 nonidentifying
      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-w 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;
        (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.