IC 10-13-5
Chapter 5. Indiana Clearinghouse for Information on Missing
Children
IC 10-13-5-1 "Amber alert program"
Sec. 1. As used in this chapter, "Amber alert program" means a
program under which the clearinghouse transmits information about
a recently abducted child to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the
general 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 operator
of 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 the
Indiana clearinghouse for information on missing children and
missing 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 person
less 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's
parent 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 (IC
35-42-3-3) 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 definition
in 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 a
program under which the clearinghouse transmits information about
missing endangered adults to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the
general 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 missing
children and missing endangered adults is established within the
department. 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 for
the operation of the clearinghouse.
(b) The staff's duties include the following:
(1) Creation and operation of an intrastate network of
communication designed for the speedy collection and
processing of information concerning missing children and
missing endangered adults.
(2) Creation and operation of a central data storage, retrieval,
and information distribution system designed for the exchange
of information on missing children and missing endangered
adults within and outside Indiana. The system must be capable
of interacting with:
(A) the Indiana data and communication system under
IC 10-13-3-35; and
(B) the National Crime Information Center.
(3) Development of appropriate forms for the reporting of
missing children and missing endangered adults that may be
used by law enforcement agencies and private citizens to
provide useful information about a missing child or a missing
endangered adult to the clearinghouse.
(4) Cooperation with the following agencies concerning the
location of missing children and missing endangered adults:
(A) State and local public and private nonprofit agencies
involved with the location and recovery of missing persons.
(B) Agencies of the federal government.
(C) State and local law enforcement agencies within and
outside Indiana.
(5) Coordinating efforts to locate missing children and missing
endangered adults with the agencies listed in subdivision (4).
(6) Operation of the toll free telephone line created under
section 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 missing
endangered adult cases handled by the clearinghouse, including
the 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 information
collected
Sec. 7. (a) The clearinghouse shall do the following:
(1) Collect, process, and maintain identification and
investigative information to aid in finding missing children and
missing endangered adults.
(2) Establish a statewide, toll free telephone line for the
reporting:
(A) of missing children and missing endangered adults; and
(B) of sightings of missing children and missing endangered
adults.
(3) Prescribe a uniform reporting form concerning missing
children and missing endangered adults for use by law
enforcement agencies within Indiana.
(4) Assist in training law enforcement and other professionals
on issues relating to missing children and missing endangered
adults.
(5) Operate a resource center of information regarding the
prevention of:
(A) the abduction of children; and
(B) the sexual exploitation of children.
(6) Distribute the quarterly directory prepared under section
6(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 an
annual contribution of four dollars ($4) to the clearinghouse.
The contributions must be used to help defray the cost of
publishing the quarterly directory.
(b) For a missing child who was born in Indiana, the
clearinghouse shall notify the vital statistics division of the state
department of health:
(1) within fifteen (15) days after receiving a report under
IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing
child less than thirteen (13) years of age; and
(2) promptly after the clearinghouse is notified that a missing
child has been found.
(c) Upon receiving notification under subsection (b) that a child
is missing or has been found, the vital statistics division of the state
department of health shall notify the local health department or the
health and hospital corporation that has jurisdiction over the area
where the child was born.
(d) Information collected, processed, or maintained by the
clearinghouse under subsection (a) is confidential and is not subject
to IC 5-14-3, but may be disclosed by the clearinghouse for purposes
of 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 alert
program; agreements with broadcaster
Sec. 8. (a) The clearinghouse shall operate an Amber alert
program and the silver alert program.
(b) Upon the establishment of an Amber alert program and the
silver alert program, the clearinghouse may enter into an agreement
with one (1) or more broadcasters to operate the Amber alert
program and the silver alert program under this chapter.
(c) The superintendent shall designate staff responsible for the
operation of the Amber alert program and the silver alert program.
(d) The department shall adopt guidelines governing the
clearinghouse's operation of the Amber alert program and the silver
alert program. The department's guidelines may require that staff,
upon receiving a report that a child has been abducted or an
endangered adult is missing, immediately send by facsimile (fax)
transmission or other means of communication a description of the
abducted child or missing endangered adult to one (1) or more
broadcasters participating in the Amber alert program or the silver
alert program. The guidelines must include criteria that the
clearinghouse shall use in determining whether to issue a silver alert
and the geographic area or region in which to issue the silver alert.
(e) A broadcaster participating in the Amber alert program or the
silver alert program shall immediately broadcast:
(1) a description of the abducted child or missing endangered
adult; and
(2) other information that will assist in locating the abducted
child or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement or the silver alert plan agreement between the
clearinghouse and the broadcaster.
(f) The department shall adopt guidelines governing the voluntary
Amber alert program agreement and the voluntary silver alert
program agreement between the clearinghouse and a broadcaster.
The voluntary agreements between the clearinghouse and the
broadcaster may include the following provisions:
(1) Upon receiving a notification as part of the Amber alert
program or the silver alert program, the broadcaster shall
broadcast the information contained on the notice on an
intermittent basis for a period of time as provided in the
agreements between the clearinghouse and the broadcaster.
(2) The broadcaster shall treat the Amber alert notification or
the silver alert notification as an emergency.
(3) The broadcaster shall ensure that the facsimile (fax)
transmission machine or other communications device used to
receive an Amber alert notification or a silver alert notification
is:
(A) generally available to receive an Amber alert notification
or a silver alert notification; and
(B) located such that the broadcaster will immediately
become aware of an incoming Amber alert notification or
silver 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 with
electronic billboard operator
Sec. 8.1. (a) In addition to an agreement with a broadcaster under
section 8 of this chapter, the clearinghouse may enter into an
agreement with one (1) or more electronic billboard operators to
display Amber alerts or silver alerts under this section. An agreement
under this section may include a limitation on the days and times that
the electronic billboard operator is required to have staff present to
receive an Amber alert or a silver alert notification.
(b) The department's guidelines adopted under section 8 of this
chapter may require staff, upon receiving a report that a child has
been abducted or an endangered adult is missing, to immediately
send by facsimile (fax) transmission or other means of
communication a description of the abducted child or missing
endangered adult to one (1) or more electronic billboard operators
participating in the Amber alert program or silver alert program if the
Amber alert or silver alert occurs during a period when the electronic
billboard operator has agreed to have staff present to receive an
Amber alert notification or a silver alert notification.
(c) An electronic billboard operator participating in the Amber
alert program or silver alert program shall immediately display:
(1) a description of the abducted child or missing endangered
adult; and
(2) other information that will assist in locating the abducted
child or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement or silver alert plan agreement between the clearinghouse
and the electronic billboard operator.
(d) The department shall adopt guidelines governing the voluntary
Amber alert program and the voluntary silver alert program
agreements between the clearinghouse and an electronic billboard
operator. The voluntary agreements between the clearinghouse and
the electronic billboard operator may include the following
provisions:
(1) Upon receiving a notification as part of the Amber alert
program or the silver alert program, the electronic billboard
operator shall display the information contained in the notice on
an intermittent basis for a period of time as provided in the
agreements between the clearinghouse and the electronic
billboard 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 the
facsimile (fax) transmission machine or other communications
device used to receive an Amber alert notification or a silver
alert notification is:
(A) generally available to receive an Amber alert notification
or a silver alert notification; and
(B) located such that the electronic billboard operator will
immediately become aware of an incoming Amber alert
notification or a silver alert notification received during days
and times when staff is present to receive an Amber alert
notification 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 that
has agreed to participate in the Amber alert program or silver alert
program and that:
(1) receives an Amber alert notification or a silver alert
notification from the department; and
(2) broadcasts or displays:
(A) a description of the abducted child or missing
endangered adult contained in the notification; and
(B) other information contained in the notification that will
assist in locating the child or missing endangered adult;
is immune from civil liability based on the broadcast or display of
the information received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain an Amber alert web site or a silver alert
web site; and
(2) the agreement provides that only the department has the
ability to place information on the web site;
the person is immune from civil liability for the information placed
on the web site by the department. However, this subsection does not
affect 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 legal
custodian shall notify the law enforcement agency that received the
missing child notification under IC 31-36 (or IC 31-6-13 before its
repeal). 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 legal
custodian that a missing child has been found, a law enforcement
agency shall immediately notify the clearinghouse.
(b) Not later than sixty (60) days after the law enforcement
agency described in subsection (a) complies with the requirements
under federal law for periodic updates of the entries made to the
National Crime Information Center (NCIC) concerning a missing
child, the law enforcement agency described in subsection (a) shall
review 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 this
chapter, the vital statistics division of the state department of health
and the appropriate local health department or health and hospital
corporation shall attach a notice to the child's birth certificate stating
that the child has been reported missing. The notice must remain
attached to the birth certificate until notification is received under
section 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 is
received, the vital statistics division and the appropriate local health
department or health and hospital corporation shall require the
person making the request to submit an application for the birth
certificate that includes:
(1) the date of the request;
(2) the name, address, and telephone number of the person
making 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 the
birth certificate, the vital statistics division and the appropriate local
health department or health and hospital corporation shall
immediately notify the clearinghouse of the information contained in
the application.
(d) A copy of the birth certificate of a missing child to which a
notice has been attached under subsection (a) may not be issued
without 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 federal
emergency alert system unless otherwise authorized by federal law. As added by P.L.43-2009, SEC.11.
IC 10-13-5
Chapter 5. Indiana Clearinghouse for Information on Missing
Children
IC 10-13-5-1 "Amber alert program"
Sec. 1. As used in this chapter, "Amber alert program" means a
program under which the clearinghouse transmits information about
a recently abducted child to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the
general 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 operator
of 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 the
Indiana clearinghouse for information on missing children and
missing 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 person
less 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's
parent 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 (IC
35-42-3-3) 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 definition
in 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 a
program under which the clearinghouse transmits information about
missing endangered adults to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the
general 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 missing
children and missing endangered adults is established within the
department. 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 for
the operation of the clearinghouse.
(b) The staff's duties include the following:
(1) Creation and operation of an intrastate network of
communication designed for the speedy collection and
processing of information concerning missing children and
missing endangered adults.
(2) Creation and operation of a central data storage, retrieval,
and information distribution system designed for the exchange
of information on missing children and missing endangered
adults within and outside Indiana. The system must be capable
of interacting with:
(A) the Indiana data and communication system under
IC 10-13-3-35; and
(B) the National Crime Information Center.
(3) Development of appropriate forms for the reporting of
missing children and missing endangered adults that may be
used by law enforcement agencies and private citizens to
provide useful information about a missing child or a missing
endangered adult to the clearinghouse.
(4) Cooperation with the following agencies concerning the
location of missing children and missing endangered adults:
(A) State and local public and private nonprofit agencies
involved with the location and recovery of missing persons.
(B) Agencies of the federal government.
(C) State and local law enforcement agencies within and
outside Indiana.
(5) Coordinating efforts to locate missing children and missing
endangered adults with the agencies listed in subdivision (4).
(6) Operation of the toll free telephone line created under
section 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 missing
endangered adult cases handled by the clearinghouse, including
the 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 information
collected
Sec. 7. (a) The clearinghouse shall do the following:
(1) Collect, process, and maintain identification and
investigative information to aid in finding missing children and
missing endangered adults.
(2) Establish a statewide, toll free telephone line for the
reporting:
(A) of missing children and missing endangered adults; and
(B) of sightings of missing children and missing endangered
adults.
(3) Prescribe a uniform reporting form concerning missing
children and missing endangered adults for use by law
enforcement agencies within Indiana.
(4) Assist in training law enforcement and other professionals
on issues relating to missing children and missing endangered
adults.
(5) Operate a resource center of information regarding the
prevention of:
(A) the abduction of children; and
(B) the sexual exploitation of children.
(6) Distribute the quarterly directory prepared under section
6(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 an
annual contribution of four dollars ($4) to the clearinghouse.
The contributions must be used to help defray the cost of
publishing the quarterly directory.
(b) For a missing child who was born in Indiana, the
clearinghouse shall notify the vital statistics division of the state
department of health:
(1) within fifteen (15) days after receiving a report under
IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing
child less than thirteen (13) years of age; and
(2) promptly after the clearinghouse is notified that a missing
child has been found.
(c) Upon receiving notification under subsection (b) that a child
is missing or has been found, the vital statistics division of the state
department of health shall notify the local health department or the
health and hospital corporation that has jurisdiction over the area
where the child was born.
(d) Information collected, processed, or maintained by the
clearinghouse under subsection (a) is confidential and is not subject
to IC 5-14-3, but may be disclosed by the clearinghouse for purposes
of 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 alert
program; agreements with broadcaster
Sec. 8. (a) The clearinghouse shall operate an Amber alert
program and the silver alert program.
(b) Upon the establishment of an Amber alert program and the
silver alert program, the clearinghouse may enter into an agreement
with one (1) or more broadcasters to operate the Amber alert
program and the silver alert program under this chapter.
(c) The superintendent shall designate staff responsible for the
operation of the Amber alert program and the silver alert program.
(d) The department shall adopt guidelines governing the
clearinghouse's operation of the Amber alert program and the silver
alert program. The department's guidelines may require that staff,
upon receiving a report that a child has been abducted or an
endangered adult is missing, immediately send by facsimile (fax)
transmission or other means of communication a description of the
abducted child or missing endangered adult to one (1) or more
broadcasters participating in the Amber alert program or the silver
alert program. The guidelines must include criteria that the
clearinghouse shall use in determining whether to issue a silver alert
and the geographic area or region in which to issue the silver alert.
(e) A broadcaster participating in the Amber alert program or the
silver alert program shall immediately broadcast:
(1) a description of the abducted child or missing endangered
adult; and
(2) other information that will assist in locating the abducted
child or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement or the silver alert plan agreement between the
clearinghouse and the broadcaster.
(f) The department shall adopt guidelines governing the voluntary
Amber alert program agreement and the voluntary silver alert
program agreement between the clearinghouse and a broadcaster.
The voluntary agreements between the clearinghouse and the
broadcaster may include the following provisions:
(1) Upon receiving a notification as part of the Amber alert
program or the silver alert program, the broadcaster shall
broadcast the information contained on the notice on an
intermittent basis for a period of time as provided in the
agreements between the clearinghouse and the broadcaster.
(2) The broadcaster shall treat the Amber alert notification or
the silver alert notification as an emergency.
(3) The broadcaster shall ensure that the facsimile (fax)
transmission machine or other communications device used to
receive an Amber alert notification or a silver alert notification
is:
(A) generally available to receive an Amber alert notification
or a silver alert notification; and
(B) located such that the broadcaster will immediately
become aware of an incoming Amber alert notification or
silver 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 with
electronic billboard operator
Sec. 8.1. (a) In addition to an agreement with a broadcaster under
section 8 of this chapter, the clearinghouse may enter into an
agreement with one (1) or more electronic billboard operators to
display Amber alerts or silver alerts under this section. An agreement
under this section may include a limitation on the days and times that
the electronic billboard operator is required to have staff present to
receive an Amber alert or a silver alert notification.
(b) The department's guidelines adopted under section 8 of this
chapter may require staff, upon receiving a report that a child has
been abducted or an endangered adult is missing, to immediately
send by facsimile (fax) transmission or other means of
communication a description of the abducted child or missing
endangered adult to one (1) or more electronic billboard operators
participating in the Amber alert program or silver alert program if the
Amber alert or silver alert occurs during a period when the electronic
billboard operator has agreed to have staff present to receive an
Amber alert notification or a silver alert notification.
(c) An electronic billboard operator participating in the Amber
alert program or silver alert program shall immediately display:
(1) a description of the abducted child or missing endangered
adult; and
(2) other information that will assist in locating the abducted
child or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement or silver alert plan agreement between the clearinghouse
and the electronic billboard operator.
(d) The department shall adopt guidelines governing the voluntary
Amber alert program and the voluntary silver alert program
agreements between the clearinghouse and an electronic billboard
operator. The voluntary agreements between the clearinghouse and
the electronic billboard operator may include the following
provisions:
(1) Upon receiving a notification as part of the Amber alert
program or the silver alert program, the electronic billboard
operator shall display the information contained in the notice on
an intermittent basis for a period of time as provided in the
agreements between the clearinghouse and the electronic
billboard 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 the
facsimile (fax) transmission machine or other communications
device used to receive an Amber alert notification or a silver
alert notification is:
(A) generally available to receive an Amber alert notification
or a silver alert notification; and
(B) located such that the electronic billboard operator will
immediately become aware of an incoming Amber alert
notification or a silver alert notification received during days
and times when staff is present to receive an Amber alert
notification 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 that
has agreed to participate in the Amber alert program or silver alert
program and that:
(1) receives an Amber alert notification or a silver alert
notification from the department; and
(2) broadcasts or displays:
(A) a description of the abducted child or missing
endangered adult contained in the notification; and
(B) other information contained in the notification that will
assist in locating the child or missing endangered adult;
is immune from civil liability based on the broadcast or display of
the information received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain an Amber alert web site or a silver alert
web site; and
(2) the agreement provides that only the department has the
ability to place information on the web site;
the person is immune from civil liability for the information placed
on the web site by the department. However, this subsection does not
affect 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 legal
custodian shall notify the law enforcement agency that received the
missing child notification under IC 31-36 (or IC 31-6-13 before its
repeal). 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 legal
custodian that a missing child has been found, a law enforcement
agency shall immediately notify the clearinghouse.
(b) Not later than sixty (60) days after the law enforcement
agency described in subsection (a) complies with the requirements
under federal law for periodic updates of the entries made to the
National Crime Information Center (NCIC) concerning a missing
child, the law enforcement agency described in subsection (a) shall
review 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 this
chapter, the vital statistics division of the state department of health
and the appropriate local health department or health and hospital
corporation shall attach a notice to the child's birth certificate stating
that the child has been reported missing. The notice must remain
attached to the birth certificate until notification is received under
section 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 is
received, the vital statistics division and the appropriate local health
department or health and hospital corporation shall require the
person making the request to submit an application for the birth
certificate that includes:
(1) the date of the request;
(2) the name, address, and telephone number of the person
making 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 the
birth certificate, the vital statistics division and the appropriate local
health department or health and hospital corporation shall
immediately notify the clearinghouse of the information contained in
the application.
(d) A copy of the birth certificate of a missing child to which a
notice has been attached under subsection (a) may not be issued
without 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 federal
emergency alert system unless otherwise authorized by federal law. As added by P.L.43-2009, SEC.11.
IC 10-13-5
Chapter 5. Indiana Clearinghouse for Information on Missing
Children
IC 10-13-5-1 "Amber alert program"
Sec. 1. As used in this chapter, "Amber alert program" means a
program under which the clearinghouse transmits information about
a recently abducted child to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the
general 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 operator
of 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 the
Indiana clearinghouse for information on missing children and
missing 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 person
less 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's
parent 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 (IC
35-42-3-3) 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 definition
in 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 a
program under which the clearinghouse transmits information about
missing endangered adults to broadcasters who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the
general 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 missing
children and missing endangered adults is established within the
department. 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 for
the operation of the clearinghouse.
(b) The staff's duties include the following:
(1) Creation and operation of an intrastate network of
communication designed for the speedy collection and
processing of information concerning missing children and
missing endangered adults.
(2) Creation and operation of a central data storage, retrieval,
and information distribution system designed for the exchange
of information on missing children and missing endangered
adults within and outside Indiana. The system must be capable
of interacting with:
(A) the Indiana data and communication system under
IC 10-13-3-35; and
(B) the National Crime Information Center.
(3) Development of appropriate forms for the reporting of
missing children and missing endangered adults that may be
used by law enforcement agencies and private citizens to
provide useful information about a missing child or a missing
endangered adult to the clearinghouse.
(4) Cooperation with the following agencies concerning the
location of missing children and missing endangered adults:
(A) State and local public and private nonprofit agencies
involved with the location and recovery of missing persons.
(B) Agencies of the federal government.
(C) State and local law enforcement agencies within and
outside Indiana.
(5) Coordinating efforts to locate missing children and missing
endangered adults with the agencies listed in subdivision (4).
(6) Operation of the toll free telephone line created under
section 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 missing
endangered adult cases handled by the clearinghouse, including
the 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 information
collected
Sec. 7. (a) The clearinghouse shall do the following:
(1) Collect, process, and maintain identification and
investigative information to aid in finding missing children and
missing endangered adults.
(2) Establish a statewide, toll free telephone line for the
reporting:
(A) of missing children and missing endangered adults; and
(B) of sightings of missing children and missing endangered
adults.
(3) Prescribe a uniform reporting form concerning missing
children and missing endangered adults for use by law
enforcement agencies within Indiana.
(4) Assist in training law enforcement and other professionals
on issues relating to missing children and missing endangered
adults.
(5) Operate a resource center of information regarding the
prevention of:
(A) the abduction of children; and
(B) the sexual exploitation of children.
(6) Distribute the quarterly directory prepared under section
6(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 an
annual contribution of four dollars ($4) to the clearinghouse.
The contributions must be used to help defray the cost of
publishing the quarterly directory.
(b) For a missing child who was born in Indiana, the
clearinghouse shall notify the vital statistics division of the state
department of health:
(1) within fifteen (15) days after receiving a report under
IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing
child less than thirteen (13) years of age; and
(2) promptly after the clearinghouse is notified that a missing
child has been found.
(c) Upon receiving notification under subsection (b) that a child
is missing or has been found, the vital statistics division of the state
department of health shall notify the local health department or the
health and hospital corporation that has jurisdiction over the area
where the child was born.
(d) Information collected, processed, or maintained by the
clearinghouse under subsection (a) is confidential and is not subject
to IC 5-14-3, but may be disclosed by the clearinghouse for purposes
of 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 alert
program; agreements with broadcaster
Sec. 8. (a) The clearinghouse shall operate an Amber alert
program and the silver alert program.
(b) Upon the establishment of an Amber alert program and the
silver alert program, the clearinghouse may enter into an agreement
with one (1) or more broadcasters to operate the Amber alert
program and the silver alert program under this chapter.
(c) The superintendent shall designate staff responsible for the
operation of the Amber alert program and the silver alert program.
(d) The department shall adopt guidelines governing the
clearinghouse's operation of the Amber alert program and the silver
alert program. The department's guidelines may require that staff,
upon receiving a report that a child has been abducted or an
endangered adult is missing, immediately send by facsimile (fax)
transmission or other means of communication a description of the
abducted child or missing endangered adult to one (1) or more
broadcasters participating in the Amber alert program or the silver
alert program. The guidelines must include criteria that the
clearinghouse shall use in determining whether to issue a silver alert
and the geographic area or region in which to issue the silver alert.
(e) A broadcaster participating in the Amber alert program or the
silver alert program shall immediately broadcast:
(1) a description of the abducted child or missing endangered
adult; and
(2) other information that will assist in locating the abducted
child or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement or the silver alert plan agreement between the
clearinghouse and the broadcaster.
(f) The department shall adopt guidelines governing the voluntary
Amber alert program agreement and the voluntary silver alert
program agreement between the clearinghouse and a broadcaster.
The voluntary agreements between the clearinghouse and the
broadcaster may include the following provisions:
(1) Upon receiving a notification as part of the Amber alert
program or the silver alert program, the broadcaster shall
broadcast the information contained on the notice on an
intermittent basis for a period of time as provided in the
agreements between the clearinghouse and the broadcaster.
(2) The broadcaster shall treat the Amber alert notification or
the silver alert notification as an emergency.
(3) The broadcaster shall ensure that the facsimile (fax)
transmission machine or other communications device used to
receive an Amber alert notification or a silver alert notification
is:
(A) generally available to receive an Amber alert notification
or a silver alert notification; and
(B) located such that the broadcaster will immediately
become aware of an incoming Amber alert notification or
silver 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 with
electronic billboard operator
Sec. 8.1. (a) In addition to an agreement with a broadcaster under
section 8 of this chapter, the clearinghouse may enter into an
agreement with one (1) or more electronic billboard operators to
display Amber alerts or silver alerts under this section. An agreement
under this section may include a limitation on the days and times that
the electronic billboard operator is required to have staff present to
receive an Amber alert or a silver alert notification.
(b) The department's guidelines adopted under section 8 of this
chapter may require staff, upon receiving a report that a child has
been abducted or an endangered adult is missing, to immediately
send by facsimile (fax) transmission or other means of
communication a description of the abducted child or missing
endangered adult to one (1) or more electronic billboard operators
participating in the Amber alert program or silver alert program if the
Amber alert or silver alert occurs during a period when the electronic
billboard operator has agreed to have staff present to receive an
Amber alert notification or a silver alert notification.
(c) An electronic billboard operator participating in the Amber
alert program or silver alert program shall immediately display:
(1) a description of the abducted child or missing endangered
adult; and
(2) other information that will assist in locating the abducted
child or missing endangered adult;
to the general public in accordance with the Amber alert plan
agreement or silver alert plan agreement between the clearinghouse
and the electronic billboard operator.
(d) The department shall adopt guidelines governing the voluntary
Amber alert program and the voluntary silver alert program
agreements between the clearinghouse and an electronic billboard
operator. The voluntary agreements between the clearinghouse and
the electronic billboard operator may include the following
provisions:
(1) Upon receiving a notification as part of the Amber alert
program or the silver alert program, the electronic billboard
operator shall display the information contained in the notice on
an intermittent basis for a period of time as provided in the
agreements between the clearinghouse and the electronic
billboard 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 the
facsimile (fax) transmission machine or other communications
device used to receive an Amber alert notification or a silver
alert notification is:
(A) generally available to receive an Amber alert notification
or a silver alert notification; and
(B) located such that the electronic billboard operator will
immediately become aware of an incoming Amber alert
notification or a silver alert notification received during days
and times when staff is present to receive an Amber alert
notification 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 that
has agreed to participate in the Amber alert program or silver alert
program and that:
(1) receives an Amber alert notification or a silver alert
notification from the department; and
(2) broadcasts or displays:
(A) a description of the abducted child or missing
endangered adult contained in the notification; and
(B) other information contained in the notification that will
assist in locating the child or missing endangered adult;
is immune from civil liability based on the broadcast or display of
the information received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain an Amber alert web site or a silver alert
web site; and
(2) the agreement provides that only the department has the
ability to place information on the web site;
the person is immune from civil liability for the information placed
on the web site by the department. However, this subsection does not
affect 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 legal
custodian shall notify the law enforcement agency that received the
missing child notification under IC 31-36 (or IC 31-6-13 before its
repeal). 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 legal
custodian that a missing child has been found, a law enforcement
agency shall immediately notify the clearinghouse.
(b) Not later than sixty (60) days after the law enforcement
agency described in subsection (a) complies with the requirements
under federal law for periodic updates of the entries made to the
National Crime Information Center (NCIC) concerning a missing
child, the law enforcement agency described in subsection (a) shall
review 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 this
chapter, the vital statistics division of the state department of health
and the appropriate local health department or health and hospital
corporation shall attach a notice to the child's birth certificate stating
that the child has been reported missing. The notice must remain
attached to the birth certificate until notification is received under
section 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 is
received, the vital statistics division and the appropriate local health
department or health and hospital corporation shall require the
person making the request to submit an application for the birth
certificate that includes:
(1) the date of the request;
(2) the name, address, and telephone number of the person
making 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 the
birth certificate, the vital statistics division and the appropriate local
health department or health and hospital corporation shall
immediately notify the clearinghouse of the information contained in
the application.
(d) A copy of the birth certificate of a missing child to which a
notice has been attached under subsection (a) may not be issued
without 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 federal
emergency alert system unless otherwise authorized by federal law. As added by P.L.43-2009, SEC.11.
