2023 Illinois Compiled Statutes › Chapter 325 - CHILDREN › 325 ILCS 50/ - Missing Children Records Act.

(325 ILCS 50/0.01) (from Ch. 23, par. 2280)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Missing Children Records Act.
(Source: P.A. 86-1324.)
(325 ILCS 50/1) (from Ch. 23, par. 2281)
Sec. 1. Definitions. As used in this Act, unless the context requires
otherwise:
(a) "Custodian" means the State Registrar of Vital Records, local
registrars of vital records appointed by the State Registrar and county clerks.
(b) (Blank).
(c) "Missing person" means a person 17 years old or younger reported to
any law enforcement authority as abducted, lost or a runaway.
(d) "Registrar" means the State Registrar of Vital Records.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 50/2) (from Ch. 23, par. 2282)
Sec. 2. Illinois State Police duties. Upon entry of a report of a missing person
born in Illinois into the Law Enforcement Agencies Data System (LEADS)
established pursuant to the Intergovernmental Missing Child Recovery Act of
1984, the Illinois State Police shall notify the Registrar within 5 business days of
the disappearance and shall provide the Registrar with information
concerning the identity of the missing person. Upon entry of a report of a
missing person born in a state other than Illinois into the Law Enforcement
Agencies Data System (LEADS), the Illinois State Police shall notify the registrar, or
other state agency responsible for vital records, in that state within 5
business days of the disappearance and shall provide such registrar or
other agency with information concerning the identity of the missing person.
If the Illinois State Police has reason to believe that a missing person has been
enrolled in a specific Illinois elementary or secondary school, it shall
notify the last such known school as to the disappearance at which time the
school shall flag the missing child's record pursuant to Section 5.
Upon learning of the recovery of a missing person, the Illinois State Police shall
so notify the Registrar and any school previously informed of the person's
disappearance.
The Illinois State Police shall by rule determine the manner and form of notices and
information required by this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 50/3) (from Ch. 23, par. 2283)
Sec. 3. Registrar duties. Upon notification by the Illinois State Police that a
person born in this State is missing, the Registrar shall flag the birth
certificate record of that person in such a manner that whenever a copy of
the birth certificate or information regarding the birth record is
requested, the Registrar shall be alerted to the fact that the certificate
is that of a missing person.  The Registrar shall also notify the
appropriate municipality or county custodians to likewise flag their
records.  Upon notification by the Illinois State Police that the missing person has
been recovered, the Registrar shall remove the flag from the person's birth
certificate record and shall notify any other previously notified
municipality or county custodian to remove the flag from his record.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 50/4) (from Ch. 23, par. 2284)
Sec. 4. Custodian duties. (a)  In response to any inquiry, a
custodian shall not provide a copy of a birth certificate or information
concerning the birth record of any person whose record is flagged
pursuant to Section 3 except as approved by the Illinois State Police.
(b) When a copy of the birth certificate of a person whose record has
been flagged is requested in person, the custodian's personnel accepting
the request shall immediately notify his supervisor.  The custodian's
personnel shall then follow procedures prescribed by the Illinois State Police to
clearly ascertain the identity of the person making the request, his
address and his physical description. Such procedures shall include
requiring the person making the request to complete a standardized
information form and to present at least one form of photo identification.
The custodian's personnel shall inform the person making the request that a
copy of the certificate shall be mailed to him, and, upon the
latter's departure from the custodian's office, his supervisor shall
immediately notify the Illinois State Police or the local law enforcement authority as
to the request and the information obtained pursuant to this subsection.
The custodian shall retain the form completed by the person making the request.
(c) When a copy of the birth certificate of a person whose record has
been flagged is requested in writing, the custodian's personnel receiving the
request shall immediately notify his supervisor.  The supervisor shall
immediately notify the Illinois State Police or local law enforcement authority as to
the request and shall provide a copy of the written request.  The custodian
shall retain the original written request.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 50/5) (from Ch. 23, par. 2285)
Sec. 5. Duties of school or other entity.
(a)  Upon notification by the Illinois State Police of a
person's disappearance, a school, preschool educational program, child care facility, or day care home or group day care home in which the person is currently or was
previously enrolled shall flag the record of that person in such a manner
that whenever a copy of or information regarding the record is requested,
the school or other entity shall be alerted to the fact that the record is that of a
missing person.  The school or other entity shall immediately report to the Illinois State Police
 any request concerning flagged records or knowledge
as to the whereabouts of any missing person.  Upon notification by the Illinois State Police
 that the missing person has been recovered, the school or other entity
shall
remove the flag from the person's record.
(b) (1) For every child enrolled in a particular
elementary or secondary school, public or private preschool educational program, public or private child care facility licensed under the Child Care Act of 1969, or day care home or group day care home licensed under the Child Care Act of 1969, that school or other entity shall notify in writing the
person enrolling the child that within 30 days he must provide either (i)
a certified copy of the child's birth certificate or (ii) other reliable
proof, as determined by the Illinois State Police, of the child's identity and age
and an affidavit explaining the inability to produce a copy of the birth
certificate.  Other reliable proof of the child's identity and age shall
include a passport, visa or other governmental documentation of the child's
identity. When the person enrolling the child provides the school or other entity with a certified copy of the child's  birth certificate, the school or other entity shall promptly make a copy of the certified copy for its records and return the original certified copy to the person enrolling the child. Once a school or other entity has been provided with a certified copy of a child's birth certificate as required under item (i) of this subdivision (b)(1), the school or other entity need not request another such certified copy with respect to that child for any other year in which the child is enrolled in that school or other entity.
(2) Upon the failure of a person enrolling a child

to
comply with subsection (b) (1), the school or other entity
shall immediately notify the Illinois State Police
 or local law enforcement agency of such failure, and shall
notify the person enrolling the child in writing that he has 10
additional days to comply.
(3) The school or other entity shall immediately report to the Illinois State Police any affidavit
received pursuant to this subsection which appears inaccurate or suspicious
in form or content.
(c) Within 14 days after enrolling a transfer student, the elementary or
secondary school shall request directly from the student's previous school
a certified copy of his record.  The requesting school shall exercise due
diligence in obtaining the copy of the record requested.  Any elementary
or secondary school requested to forward a copy of a transferring student's
record to the new school shall comply within 10 days of receipt of the
request unless the record has been flagged pursuant to subsection (a), in
which case the copy shall not be forwarded and the requested school shall
notify the Illinois State Police or local law enforcement authority of the request.
(Source: P.A. 102-538, eff. 8-20-21.)