Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 35 - Kentucky Missing Child Information Center › Section 502 KAR 35:040 - Reporting of missing children by law enforcement agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 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.
STATUTORY AUTHORITY: KRS 15A.160 17.080, 17.450,
				  17.460