NY Exec L § 837-E (2021)
2021 New York Laws EXC - Executive Article 35 - Division of Criminal Justice Services 837-E - Statewide Central Register for Missing Children.

§ 837-e. Statewide  central register for missing children. 1. There is hereby  established  through  electronic  data  processing  and  related procedures,  a  statewide  central  register  for missing children which shall be compatible with the national crime information center  register maintained  pursuant  to  the  federal  missing children act of nineteen hundred eighty-two. As used in this  article,  the  term  missing  child shall  mean  any  person  under the age of eighteen years, or any youth, under the age of twenty-one years,  that  the  office  of  children  and family   services   or   a  local  department  of  social  services  has responsibility for placement,  care,  or  supervision,  or  who  is  the subject  child  of  a  child  protective  investigation, or is receiving preventive services or services under section 477 of the Social Security Act, or has run away from foster care, where such office  or  department has  reasonable  cause  to  believe that such youth is, or is at risk of being, a sex trafficking victim, who is missing from his or  her  normal and  ordinary  place  of  residence  and  whose  whereabouts  cannot  be determined by a person responsible for the child's care  and  any  child known  to  have been taken, enticed or concealed from the custody of his or her lawful guardian by a person who has no legal right to do so.   1-a. (a) Upon the entry of a report of a missing  child  born  in  New York  into  the  register, the division shall notify the commissioner of the state department of health or if the child was born in the  city  of New York, the commissioner of the New York city department of health, of such   entry  and  shall  provide  such  commissioner  with  information concerning the identity of the missing child and request that the  birth certificate  record  of such child be flagged in accordance with section four thousand one hundred of the public health law.  (b) If the division has reason to believe that a missing child has  at any  time  been  enrolled in a New York school, it shall notify the last known school at which time the school shall  flag  the  missing  child's schooling  record  in accordance with section three thousand two hundred twenty-two of the education law. If the division has reason  to  believe that  a  child who is listed as a missing child is currently enrolled in and attending a New York school, it shall notify  the  school  and  upon receiving   notification,  such  school  shall  immediately  notify  the statewide central register for missing children within the  division  of criminal justice services.  (c)  Upon  learning  of  the recovery of any missing child whose birth certificate record or schooling record has been flagged as the result of notification made pursuant to this subdivision, the  division  shall  so notify  the state commissioner of health or if the child was born in the city of New York, the commissioner of the New York  city  department  of health, and the school as appropriate.   1-b.  The  division  shall transmit the report of the missing child to the National Missing and Unidentified Persons System  (NamUs)  no  later than  thirty  days  after  entry of a report of a missing child into the register whenever circumstances indicate that the missing child  may  be at  immediate  risk  of  death  or injury, or may be a match to a record maintained in the NamUs unidentified  person  database  and  within  one hundred eighty days in any other case.   2. The following may make inquiries to determine if any entries in the register  or  in  the  national  crime information center register could match the subject of the inquiry:  (a) a police or criminal justice agency investigating a  report  of  a missing or unidentified child, whether living or deceased; and  (b)  the agency licensing, certifying or registering a family day care home, day care center or head start program funded pursuant to  Title  V of  the  Federal Economic Opportunity Act of nineteen hundred sixty-four  as amended, when an operator or director of such program has  reasonable cause  to  believe  that  a  child  in attendance at the home, center or program  may  be  a  missing  person  provided,   however,   that   upon notification  that such child appears to match a child registered herein such agency shall  immediately  notify  such  operator  or  director  to contact an appropriate local criminal justice agency; and  (c) a district attorney or a county medical examiner or coroner upon a showing  that information contained in the register may be necessary for the determination of an issue regarding a missing or unidentified child; and  (d) an authorized agency or state  official  pursuant  to  subdivision seven  of  section three hundred seventy-two of the social services law; and  (e) a superintendent  of  schools  or  his  authorized  representative pursuant to paragraph a of subdivision two of section three thousand two hundred  twelve  of  the  education  law. No civil or criminal liability shall arise or attach to any school district or employee thereof for any act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by this paragraph.   3. The central register shall contain all available  identifying  data of  any  child including, but not limited to, fingerprints, blood types, dental information, and photographs subject to the following conditions:  (a) Except as provided for in paragraph (c) of this subdivision and in section eight hundred thirty-seven-f of this article, the data contained in the register shall be confidential.  (b) Any person who knowingly and intentionally permits the release  of any data and information contained in the central register to persons or agencies  not  permitted  by  this  title  shall  be guilty of a class A misdemeanor.  (c) Such data may be made available only to:  (i) a police or criminal justice agency investigating a  report  of  a missing child or unidentified child, whether living or deceased;  (ii)  the public at large, to expedite the finding of a missing child, when the parent or legal guardian  of  such  a  child  provides  written authorization  to the investigating police department for the release of such data except when, according to such department, the release of such data would jeopardize the investigation or the safety of the child. When such department deems the release of such data  to  be  appropriate,  it shall transmit such written authorization to the division; and  (iii) any qualified person engaged in bona fide research when approved by  the  commissioner, provided that the researcher in no event disclose information tending to identify the  child  or  his  or  her  family  or caregiver.   4. The commissioner shall promulgate rules and regulations:  (a)  insuring  the timeliness, completeness and confidentiality of the data contained in the register;  (b) prescribing the manner in which entries to the register  shall  be made and updated as the investigation progresses;  (c)  prescribing the form and manner in which entries and inquiries to the register and notices to other agencies and entities  shall  be  made and processed;  (d)  insuring  that  criminal justice agencies and agencies defined by subdivision seven of section three hundred  seventy-two  of  the  social services  law making inquiries to the register will be promptly informed if any entries in the statewide central  register  or  in  the  national crime  information  center  register  could  match  the  subject  of the inquiry;  (e) insuring the proper disposition of  all  obsolete  register  data, provided  however that such data for a person who has reached the age of eighteen and remains missing shall be preserved;  (f)  linking  the  register with the national crime information center register; and  (g)  establishing  procedures  for  transmitting  reports  of  missing children  and  adults  to  the National Missing and Unidentified Persons System (NamUs) pursuant to subdivision one-b of this section and section eight hundred thirty-seven-f-two of this article.   5. The division shall not charge a fee for inquiries made pursuant  to this section.   6.  When a person previously reported missing has been found alive and there is no ground for criminal  action,  the  superintendent  of  state police,  sheriff, chief of police, coroner or medical examiner, or other criminal justice agency shall purge  and  destroy  identifying  material contained  in  such  records  and  documents with respect to such person which are made and maintained pursuant to this section and shall  report to  the division that the person has been found and that the identifying materials contained in such records and documents have been so purged or destroyed. After receiving such  a  report,  the  division  shall  purge identifying  material  contained  in  such  records with respect to such person and/or destroy any identifying material  contained  in  documents which are maintained pursuant to this section.