CHAPTER 5. INDIANA CLEARINGHOUSE FOR INFORMATION ON MISSING CHILDREN
IC 10-13-5
Chapter 5. Indiana Clearinghouse for Information on MissingChildren
IC 10-13-5-1
"Amber alert program"
Sec. 1. As used in this chapter, "Amber alert program" means aprogram under which the clearinghouse transmits information abouta recently abducted child to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to thegeneral public.
As added by P.L.2-2003, SEC.4.
IC 10-13-5-2
"Broadcaster"
Sec. 2. As used in this chapter, "broadcaster" means the operatorof a radio or television station.
As added by P.L.2-2003, SEC.4.
IC 10-13-5-3
"Clearinghouse"
Sec. 3. As used in this chapter, "clearinghouse" refers to theIndiana clearinghouse for information on missing children andmissing endangered adults established by section 5 of this chapter.
As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.2.
IC 10-13-5-4
"Missing child"
Sec. 4. As used in this chapter, "missing child" means a personless than eighteen (18) years of age who:
(1) is, or is believed to be:
(A) a temporary or permanent resident of Indiana;
(B) at a location that cannot be determined by the person'sparent or legal custodian; and
(C) reported missing to a law enforcement agency; or
(2) is, or is believed to be:
(A) a temporary or permanent resident of Indiana; and
(B) a victim of the offense of criminal confinement (IC35-42-3-3) or interference with custody (IC 35-42-3-4).
As added by P.L.2-2003, SEC.4.
IC 10-13-5-4.3
"Missing endangered adult"
Sec. 4.3. As used in this chapter, "missing endangered adult"means an adult who is a high risk missing person under the definitionin IC 5-2-17-1.
As added by P.L.43-2009, SEC.3.
IC 10-13-5-4.6 "Silver alert program"
Sec. 4.6. As used in this chapter, "silver alert program" means aprogram under which the clearinghouse transmits information aboutmissing endangered adults to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to thegeneral public.
As added by P.L.43-2009, SEC.4.
IC 10-13-5-5
Establishment of clearinghouse
Sec. 5. The Indiana clearinghouse for information on missingchildren and missing endangered adults is established within thedepartment.
As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.5.
IC 10-13-5-6
Duties of clearinghouse staff
Sec. 6. (a) The superintendent shall designate staff responsible forthe operation of the clearinghouse.
(b) The staff's duties include the following:
(1) Creation and operation of an intrastate network ofcommunication designed for the speedy collection andprocessing of information concerning missing children andmissing endangered adults.
(2) Creation and operation of a central data storage, retrieval,and information distribution system designed for the exchangeof information on missing children and missing endangeredadults within and outside Indiana. The system must be capableof interacting with:
(A) the Indiana data and communication system underIC 10-13-3-35; and
(B) the National Crime Information Center.
(3) Development of appropriate forms for the reporting ofmissing children and missing endangered adults that may beused by law enforcement agencies and private citizens toprovide useful information about a missing child or a missingendangered adult to the clearinghouse.
(4) Cooperation with the following agencies concerning thelocation of missing children and missing endangered adults:
(A) State and local public and private nonprofit agenciesinvolved with the location and recovery of missing persons.
(B) Agencies of the federal government.
(C) State and local law enforcement agencies within andoutside Indiana.
(5) Coordinating efforts to locate missing children and missingendangered adults with the agencies listed in subdivision (4).
(6) Operation of the toll free telephone line created undersection 7(a) of this chapter.
(7) Publishing and updating, on a quarterly basis, a directory of
missing children and missing endangered adults.
(8) Compiling statistics on missing children and missingendangered adult cases handled by the clearinghouse, includingthe number of cases resolved each year.
As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.6.
IC 10-13-5-7
Powers and duties of clearinghouse; confidentiality of informationcollected
Sec. 7. (a) The clearinghouse shall do the following:
(1) Collect, process, and maintain identification andinvestigative information to aid in finding missing children andmissing endangered adults.
(2) Establish a statewide, toll free telephone line for thereporting:
(A) of missing children and missing endangered adults; and
(B) of sightings of missing children and missing endangeredadults.
(3) Prescribe a uniform reporting form concerning missingchildren and missing endangered adults for use by lawenforcement agencies within Indiana.
(4) Assist in training law enforcement and other professionalson issues relating to missing children and missing endangeredadults.
(5) Operate a resource center of information regarding theprevention of:
(A) the abduction of children; and
(B) the sexual exploitation of children.
(6) Distribute the quarterly directory prepared under section6(b)(7) of this chapter to schools and hospitals.
(7) Distribute the quarterly directory described in subdivision(6) to child care centers and child care homes that make anannual contribution of four dollars ($4) to the clearinghouse.The contributions must be used to help defray the cost ofpublishing the quarterly directory.
(b) For a missing child who was born in Indiana, theclearinghouse shall notify the vital statistics division of the statedepartment of health:
(1) within fifteen (15) days after receiving a report underIC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missingchild less than thirteen (13) years of age; and
(2) promptly after the clearinghouse is notified that a missingchild has been found.
(c) Upon receiving notification under subsection (b) that a childis missing or has been found, the vital statistics division of the statedepartment of health shall notify the local health department or thehealth and hospital corporation that has jurisdiction over the areawhere the child was born.
(d) Information collected, processed, or maintained by theclearinghouse under subsection (a) is confidential and is not subject
to IC 5-14-3, but may be disclosed by the clearinghouse for purposesof locating missing children and missing endangered adults.
As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.7.
IC 10-13-5-8
Authorization to operate Amber alert program and silver alertprogram; agreements with broadcaster
Sec. 8. (a) The clearinghouse shall operate an Amber alertprogram and the silver alert program.
(b) Upon the establishment of an Amber alert program and thesilver alert program, the clearinghouse may enter into an agreementwith one (1) or more broadcasters to operate the Amber alertprogram and the silver alert program under this chapter.
(c) The superintendent shall designate staff responsible for theoperation of the Amber alert program and the silver alert program.
(d) The department shall adopt guidelines governing theclearinghouse's operation of the Amber alert program and the silveralert program. The department's guidelines may require that staff,upon receiving a report that a child has been abducted or anendangered adult is missing, immediately send by facsimile (fax)transmission or other means of communication a description of theabducted child or missing endangered adult to one (1) or morebroadcasters participating in the Amber alert program or the silveralert program. The guidelines must include criteria that theclearinghouse shall use in determining whether to issue a silver alertand the geographic area or region in which to issue the silver alert.
(e) A broadcaster participating in the Amber alert program or thesilver alert program shall immediately broadcast:
(1) a description of the abducted child or missing endangeredadult; and
(2) other information that will assist in locating the abductedchild or missing endangered adult;
to the general public in accordance with the Amber alert planagreement or the silver alert plan agreement between theclearinghouse and the broadcaster.
(f) The department shall adopt guidelines governing the voluntaryAmber alert program agreement and the voluntary silver alertprogram agreement between the clearinghouse and a broadcaster.The voluntary agreements between the clearinghouse and thebroadcaster may include the following provisions:
(1) Upon receiving a notification as part of the Amber alertprogram or the silver alert program, the broadcaster shallbroadcast the information contained on the notice on anintermittent basis for a period of time as provided in theagreements between the clearinghouse and the broadcaster.
(2) The broadcaster shall treat the Amber alert notification orthe silver alert notification as an emergency.
(3) The broadcaster shall ensure that the facsimile (fax)transmission machine or other communications device used toreceive an Amber alert notification or a silver alert notification
is:
(A) generally available to receive an Amber alert notificationor a silver alert notification; and
(B) located such that the broadcaster will immediatelybecome aware of an incoming Amber alert notification orsilver alert notification.
As added by P.L.2-2003, SEC.4. Amended by P.L.43-2009, SEC.8.
IC 10-13-5-8.1
Amber alert program and silver alert program; agreement withelectronic billboard operator
Sec. 8.1. (a) In addition to an agreement with a broadcaster undersection 8 of this chapter, the clearinghouse may enter into anagreement with one (1) or more electronic billboard operators todisplay Amber alerts or silver alerts under this section. An agreementunder this section may include a limitation on the days and times thatthe electronic billboard operator is required to have staff present toreceive an Amber alert or a silver alert notification.
(b) The department's guidelines adopted under section 8 of thischapter may require staff, upon receiving a report that a child hasbeen abducted or an endangered adult is missing, to immediatelysend by facsimile (fax) transmission or other means ofcommunication a description of the abducted child or missingendangered adult to one (1) or more electronic billboard operatorsparticipating in the Amber alert program or silver alert program if theAmber alert or silver alert occurs during a period when the electronicbillboard operator has agreed to have staff present to receive anAmber alert notification or a silver alert notification.
(c) An electronic billboard operator participating in the Amberalert program or silver alert program shall immediately display:
(1) a description of the abducted child or missing endangeredadult; and
(2) other information that will assist in locating the abductedchild or missing endangered adult;
to the general public in accordance with the Amber alert planagreement or silver alert plan agreement between the clearinghouseand the electronic billboard operator.
(d) The department shall adopt guidelines governing the voluntaryAmber alert program and the voluntary silver alert programagreements between the clearinghouse and an electronic billboardoperator. The voluntary agreements between the clearinghouse andthe electronic billboard operator may include the followingprovisions:
(1) Upon receiving a notification as part of the Amber alertprogram or the silver alert program, the electronic billboardoperator shall display the information contained in the notice onan intermittent basis for a period of time as provided in theagreements between the clearinghouse and the electronicbillboard operator.
(2) The electronic billboard operator shall treat the Amber alert
notification or the silver alert notification as an emergency.
(3) The electronic billboard operator shall ensure that thefacsimile (fax) transmission machine or other communicationsdevice used to receive an Amber alert notification or a silveralert notification is:
(A) generally available to receive an Amber alert notificationor a silver alert notification; and
(B) located such that the electronic billboard operator willimmediately become aware of an incoming Amber alertnotification or a silver alert notification received during daysand times when staff is present to receive an Amber alertnotification or a silver alert notification.
As added by P.L.66-2007, SEC.6. Amended by P.L.43-2009, SEC.9.
IC 10-13-5-8.5
Civil immunity for Amber alert and silver alert participants
Sec. 8.5. (a) A broadcaster or electronic billboard operator thathas agreed to participate in the Amber alert program or silver alertprogram and that:
(1) receives an Amber alert notification or a silver alertnotification from the department; and
(2) broadcasts or displays:
(A) a description of the abducted child or missingendangered adult contained in the notification; and
(B) other information contained in the notification that willassist in locating the child or missing endangered adult;
is immune from civil liability based on the broadcast or display ofthe information received from the department.
(b) If:
(1) a person enters into an agreement with the department toestablish or maintain an Amber alert web site or a silver alertweb site; and
(2) the agreement provides that only the department has theability to place information on the web site;
the person is immune from civil liability for the information placedon the web site by the department. However, this subsection does notaffect the applicability of IC 34-13-3 to the department.
As added by P.L.131-2003, SEC.1. Amended by P.L.66-2007, SEC.7;P.L.43-2009, SEC.10.
IC 10-13-5-9
Notification of law enforcement agency of located child
Sec. 9. If a missing child is found, the child's parent or legalcustodian shall notify the law enforcement agency that received themissing child notification under IC 31-36 (or IC 31-6-13 before itsrepeal).
As added by P.L.2-2003, SEC.4.
IC 10-13-5-10
Notification of clearinghouse of located child Sec. 10. (a) Upon receiving notification from a parent or legalcustodian that a missing child has been found, a law enforcementagency shall immediately notify the clearinghouse.
(b) Not later than sixty (60) days after the law enforcementagency described in subsection (a) complies with the requirementsunder federal law for periodic updates of the entries made to theNational Crime Information Center (NCIC) concerning a missingchild, the law enforcement agency described in subsection (a) shallreview reports made to the clearinghouse and update the information.
As added by P.L.2-2003, SEC.4. Amended by P.L.36-2004, SEC.1.
IC 10-13-5-11
Attaching notice to birth certificate of child reported missing
Sec. 11. (a) Upon receiving notification under section 7 of thischapter, the vital statistics division of the state department of healthand the appropriate local health department or health and hospitalcorporation shall attach a notice to the child's birth certificate statingthat the child has been reported missing. The notice must remainattached to the birth certificate until notification is received undersection 7 of this chapter that the missing child has been found.
(b) If a request for a copy of the birth certificate of a child isreceived, the vital statistics division and the appropriate local healthdepartment or health and hospital corporation shall require theperson making the request to submit an application for the birthcertificate that includes:
(1) the date of the request;
(2) the name, address, and telephone number of the personmaking the request; and
(3) the signature of the person making the request.
(c) If a notice that the child is missing has been attached to thebirth certificate, the vital statistics division and the appropriate localhealth department or health and hospital corporation shallimmediately notify the clearinghouse of the information contained inthe application.
(d) A copy of the birth certificate of a missing child to which anotice has been attached under subsection (a) may not be issuedwithout authorization from the clearinghouse.
As added by P.L.2-2003, SEC.4.
IC 10-13-5-12
Federal emergency alert system
Sec. 12. This chapter does not authorize the use of the federalemergency alert system unless otherwise authorized by federal law.
As added by P.L.43-2009, SEC.11.