Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 35 - Kentucky Missing Child Information Center › Section 502 KAR 35:030 - Quality of information reported to the Kentucky Missing Child Information Center

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.450, 17.460
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 missing 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 existing
			 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.
AFFIDAVIT
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.
__________________________________________________
Signature
Subscribed and sworn to before me by _________________
						  this ______ day of _______, 19___, at City of _________________,
						  ________________ County, Kentucky.
__________________________________________________
Notary Public - State at Large
My commission expires
						  ____________________.
STATUTORY AUTHORITY: KRS 15A.060, 17.080,
				  17.450