CHAPTER 18. REPORTS OF MISSING ENDANGERED ADULTS
IC 12-10-18
Chapter 18. Reports of Missing Endangered Adults
IC 12-10-18-0.5
Missing endangered adult as high risk missing person
Sec. 0.5. A missing endangered adult is a high risk missing personunder IC 5-2-17. A law enforcement agency receiving a report of amissing adult shall follow the procedures in IC 5-2-17 in addition tothe procedures described in this chapter.
As added by P.L.92-2007, SEC.2.
IC 12-10-18-1
Notification and investigative report
Sec. 1. (a) A law enforcement agency that receives a notificationconcerning a missing endangered adult from:
(1) the missing endangered adult's:
(A) guardian;
(B) custodian; or
(C) guardian ad litem; or
(2) an individual who:
(A) provides the missing endangered adult with home healthaid services;
(B) possesses a health care power of attorney for the missingendangered adult; or
(C) has evidence that the missing endangered adult has acondition that may prevent the missing endangered adultfrom returning home without assistance;
shall prepare an investigative report on the missing endangered adult,if based on the notification, the law enforcement agency has reasonto believe that an endangered adult is missing.
(b) The investigative report described in subsection (a) mayinclude the following:
(1) Relevant information obtained from the notificationconcerning the missing endangered adult, including thefollowing:
(A) A physical description of the missing endangered adult.
(B) The date, time, and place that the missing endangeredadult was last seen.
(C) The missing endangered adult's address.
(2) Information gathered by a preliminary investigation, if onewas made.
(3) A statement by the law enforcement officer in charge settingforth that officer's assessment of the case based upon theevidence and information received.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-2
Investigative report prepared within five hours
Sec. 2. The law enforcement agency shall prepare theinvestigative report described by section 1 of this chapter as soon as
practicable, and if possible not later than five (5) hours after the lawenforcement agency receives notification of a missing endangeredadult.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-3
Public notification
Sec. 3. (a) Upon completion of the report described by section 1of this chapter, if the law enforcement agency has reason to believethat public notification may assist in locating the missing endangeredadult, the law enforcement agency may immediately forward thecontents of the report to:
(1) all law enforcement agencies that have jurisdiction in thelocation where the missing endangered adult lives and all lawenforcement agencies that have jurisdiction in the locationwhere the missing endangered adult was last seen;
(2) all law enforcement agencies to which the person who madethe notification concerning the missing endangered adultrequests the report be sent, if the law enforcement agencydetermines that the request is reasonable in light of theinformation received;
(3) all law enforcement agencies that request a copy of thereport;
(4) one (1) or more broadcasters that broadcast in an area wherethe missing endangered adult may be located;
(5) the Indiana data and communication system (IDACS);
(6) the National Crime Information Center's Missing PersonFile, if appropriate; and
(7) the Indiana clearinghouse for information on children andmissing endangered adults established by IC 10-13-5-5, todisseminate information concerning the missing endangeredadult to be broadcast as part of the silver alert program.
(b) Upon completion of the report described by section 1 of thischapter, a law enforcement agency may forward a copy of thecontents of the report to one (1) or more newspapers distributed in anarea where the missing endangered adult may be located.
(c) After forwarding the contents of the report to a broadcaster ornewspaper under this section, the law enforcement agency mayrequest that the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medicalalert; and
(2) broadcast or publish:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist inlocating the missing endangered adult.
(d) A broadcaster or newspaper that receives a request concerninga missing endangered adult under subsection (c) may, at thediscretion of the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medicalalert; and (2) broadcast or publish:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist inlocating the missing endangered adult.
As added by P.L.140-2005, SEC.3. Amended by P.L.43-2009,SEC.12.
IC 12-10-18-4
Law enforcement agency investigation
Sec. 4. A law enforcement agency may begin an investigationconcerning a missing endangered adult as soon as possible afterreceiving notification of the missing endangered adult.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-5
Notification of law enforcement agency if missing endangered adultfound
Sec. 5. An individual described in section 1(a)(1) or 1(a)(2) of thischapter who notifies a law enforcement agency concerning a missingendangered adult shall notify the law enforcement agency when themissing endangered adult is found.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-6
Broadcaster and newspaper civil immunity
Sec. 6. (a) A broadcaster or newspaper that receives a report of amissing endangered adult from a law enforcement agency undersection 3 of this chapter is immune from civil liability for an act oromission related to:
(1) the broadcast or publication of information contained in thereport, including:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist inlocating the missing endangered adult; or
(2) the decision of the broadcaster or newspaper not tobroadcast or publish information contained in the report.
(b) The civil immunity described in subsection (a) does not applyto an act or omission that constitutes gross negligence or willful,wanton, or intentional misconduct.
As added by P.L.140-2005, SEC.3.