(1) "Information" means information that can be integrated | 9 |
into the computer system and that relates to the physical or | 10 |
mental description of a minor including, but not limited to, | 11 |
height, weight, color of hair and eyes, use of eyeglasses or | 12 |
contact lenses, skin coloring, physical or mental handicaps, | 13 |
special medical conditions or needs, abnormalities, problems, | 14 |
scars and marks, and distinguishing characteristics, and other | 15 |
information that could assist in identifying a minor including, | 16 |
but not limited to, full name and nickname, date and place of | 17 |
birth, age, names and addresses of parents and other relatives, | 18 |
fingerprints, dental records, photographs, social security
number, | 19 |
driver's license number, credit card numbers, bank
account | 20 |
numbers, and clothing. | 21 |
(a) A minor who has run away from or who otherwise is
missing | 25 |
from the home of, or the care, custody, and control of,
the | 26 |
minor's parents, parent who is the residential parent and legal | 27 |
custodian, guardian, legal custodian, or other person having | 28 |
responsibility for the care of the minor; | 29 |
(B) When a law enforcement agency in this state that has | 35 |
jurisdiction in the matter is informed that a minor is or may be
a | 36 |
missing child and that the person providing the information
wishes | 37 |
to file a missing child report, the law enforcement agency
shall | 38 |
take that report. Upon taking the report, the law
enforcement | 39 |
agency shall take prompt action upon it, including,
but not | 40 |
limited to, concerted efforts to locate the missing
child. No law | 41 |
enforcement agency in this state shall have a rule
or policy that | 42 |
prohibits or discourages the filing of or the
taking of action | 43 |
upon a missing child report, within a specified
period following | 44 |
the discovery or formulation of a belief that a
minor is or could | 45 |
be a missing child. | 46 |
(C) If a missing child report is made to a law enforcement | 47 |
agency in this state that has jurisdiction in the matter, the law | 48 |
enforcement agency shall gather readily available information | 49 |
about the missing child and integrate it into the national crime | 50 |
information center computer within twelve hours following the | 51 |
making of the report. The law enforcement agency shall make | 52 |
reasonable efforts to acquire additional information about the | 53 |
missing child following the transmittal of the initially
available | 54 |
information, and promptly integrate any additional
information | 55 |
acquired into such computer systems. | 56 |
Whenever a law enforcement agency integrates information | 57 |
about a missing child into the national crime information center | 58 |
computer, the law enforcement agency promptly shall notify the | 59 |
missing child's parents, parent who is the residential parent and | 60 |
legal custodian, guardian, or legal custodian, or any other
person | 61 |
responsible for the care of the missing child, that it has
so | 62 |
integrated the information. | 63 |
The parents, parent who is the residential parent and legal | 64 |
custodian, guardian, legal custodian, or other person responsible | 65 |
for the care of the missing child shall provide available | 66 |
information upon request, and may provide information
voluntarily, | 67 |
to the law enforcement agency during the information
gathering | 68 |
process. The law enforcement agency also may obtain
available | 69 |
information about the missing child from other persons,
subject to | 70 |
constitutional and statutory limitations. | 71 |
(E) Upon the filing of a missing child report, the law | 79 |
enforcement agency involved promptly shall make a reasonable | 80 |
attempt to notify other law enforcement agencies within its
county | 81 |
and, if the agency has jurisdiction in a municipal
corporation or | 82 |
township that borders another county, to notify
the law | 83 |
enforcement agency for the municipal corporation or
township in | 84 |
the other county with which it shares the border,
that it has | 85 |
taken a missing child report and may be requesting
assistance or | 86 |
cooperation in the case, and provide relevant
information to the | 87 |
other law enforcement agencies. The agency
may notify additional | 88 |
law enforcement agencies, or appropriate
public children services | 89 |
agencies, about the case, request their
assistance or
cooperation | 90 |
in the case, and provide them with relevant
information. | 91 |
(E)(F) Upon request, law enforcement agencies in this state | 99 |
shall provide assistance to, and cooperate with, other law | 100 |
enforcement agencies in their investigation of missing child | 101 |
cases. The assistance and cooperation under this paragraph shall | 102 |
be pursuant to any terms agreed upon by the law enforcement | 103 |
agencies, which may include the provision of law enforcement | 104 |
services or the use of law enforcement equipment or the | 105 |
interchange of services and equipment among the cooperating law | 106 |
enforcement agencies. Chapter 2744. of the Revised Code, insofar | 107 |
as it applies to the operation of law enforcement agencies, shall | 108 |
apply to the cooperating political subdivisions and to the law | 109 |
enforcement agency employees when they are rendering services | 110 |
pursuant to this paragraph outside the territory of the political | 111 |
subdivision by which they are employed. Law enforcement agency | 112 |
employees rendering services outside the territory of the | 113 |
political subdivision in which they are employed, pursuant to this | 114 |
paragraph, shall be entitled to participate in any indemnity fund | 115 |
established by their employer to the same extent as if they were | 116 |
rendering service within the territory of their employing | 117 |
political subdivision. Those law enforcement agency employees also | 118 |
shall be entitled to all the rights and benefits of Chapter 4123. | 119 |
of the Revised Code to the same extent as if rendering services | 120 |
within the territory of their employing political subdivision. | 121 |
The information in any missing child report made to a law | 122 |
enforcement agency shall be made available, upon request, to law | 123 |
enforcement personnel of this state, other states, and the
federal | 124 |
government when the law enforcement personnel indicate
that the | 125 |
request is to aid in identifying or locating a missing
child or | 126 |
the possible identification of a deceased minor who,
upon | 127 |
discovery, cannot be identified. | 128 |
(F)(G) When a missing child has not been located within | 129 |
thirty days after the date on which the missing child report | 130 |
pertaining to the child was filed with a law enforcement agency, | 131 |
that
law enforcement agency shall request the missing child's | 132 |
parents,
parent who is the residential parent and legal custodian, | 133 |
guardian, or legal custodian, or any other person responsible for | 134 |
the care of the missing child, to provide written consent for the | 135 |
law enforcement agency to contact the missing child's dentist and | 136 |
request the missing child's dental records. Upon receipt of such | 137 |
written consent, the dentist shall release a copy of the missing | 138 |
child's dental records to the law enforcement agency and shall | 139 |
provide and encode the records in such form as requested by the | 140 |
law enforcement agency. The law enforcement agency then shall | 141 |
integrate information in the records into the national crime | 142 |
information center computer in order to compare the records to | 143 |
those of unidentified deceased persons. This division does not | 144 |
prevent a law enforcement agency from seeking consent to obtain | 145 |
copies of a missing child's dental records, or prevent a missing | 146 |
child's parents, parent who is the residential parent and legal | 147 |
custodian, guardian, or legal custodian, or any other person | 148 |
responsible for the care of the missing child, from granting | 149 |
consent for the release of copies of the missing child's dental | 150 |
records to a law enforcement agency, at any time. | 151 |
(G)(H) A missing child's parents, parent who is the | 152 |
residential parent and legal custodian, guardian, or legal | 153 |
custodian, or any other persons responsible for the care of a | 154 |
missing child, immediately shall notify the law enforcement
agency | 155 |
with which they filed the missing child report whenever
the child | 156 |
has returned to their home or to their care, custody,
and control, | 157 |
has been released if the missing child was the victim
of an | 158 |
offense
listed in division (A)(3)(b) of this section, or otherwise | 159 |
has
been located. Upon such notification or upon otherwise | 160 |
learning
that a missing child has returned to the home of, or to | 161 |
the care,
custody, and control of the missing child's parents, | 162 |
parent who is
the
residential parent and legal custodian, | 163 |
guardian, legal
custodian, or other person responsible for the | 164 |
missing child's
care, has been
released if the missing child was | 165 |
the victim of an offense listed in
division
(A)(3)(b) of this | 166 |
section, or otherwise has been located, the law
enforcement agency | 167 |
involved promptly shall integrate the fact
that the minor no | 168 |
longer is a missing child into the national
crime information | 169 |
center computer and shall inform any school that was notified | 170 |
under division (D) of this section that the minor is no longer a | 171 |
missing child. | 172 |
Sec. 3313.672. (A)(1) At the time of
initial entry to
a | 177 |
public or nonpublic school, a pupil shall present to the person
in | 178 |
charge of admission any records given
the pupil by the
public
or | 179 |
nonpublic elementary or secondary school
the pupil
most
recently | 180 |
attended; a certified copy of an order or decree, or
modification | 181 |
of such an order or decree allocating parental rights
and | 182 |
responsibilities for the care of a child and designating a | 183 |
residential parent and legal custodian of the child, as provided | 184 |
in division (B) of this section, if that type of order or decree | 185 |
has been issued;
a copy of a power of attorney or caretaker | 186 |
authorization affidavit, if either has been executed with respect | 187 |
to the child pursuant to sections 3109.51 to 3109.80 of the | 188 |
Revised Code; and a certification of birth issued pursuant to | 189 |
Chapter 3705. of the Revised Code, a comparable certificate or | 190 |
certification issued pursuant to the statutes of another state, | 191 |
territory, possession, or nation, or a document in lieu of a | 192 |
certificate or certification as described in divisions (A)(1)(a) | 193 |
to (e) of this section. Any of the following shall be accepted
in | 194 |
lieu of a certificate or certification of birth by the person
in | 195 |
charge of admission: | 196 |
(2) If a pupil requesting admission to a school of the school | 207 |
district in which the pupil is entitled to attend school under | 208 |
section 3313.64 or 3313.65 of the Revised Code has been discharged | 209 |
or released from the custody of the department of youth services | 210 |
under section 5139.51 of the Revised Code just prior to requesting | 211 |
admission to the school, no school official shall admit that pupil | 212 |
until the records described in divisions (D)(4)(a) to (d) of | 213 |
section 2152.18 of the Revised Code have been received by the | 214 |
superintendent of the school district. | 215 |
(3) Except as otherwise provided in division (A)(2) of this | 216 |
section, within twenty-four hours of the entry into the school
of | 217 |
a pupil described in division (A)(1) of this section, a school | 218 |
official shall request the pupil's official records from the | 219 |
public or nonpublic elementary or secondary school
the pupil
most | 220 |
recently attended. If the public or nonpublic school the
pupil | 221 |
claims to have most recently attended indicates that it has
no | 222 |
record of the pupil's attendance or the records are not
received | 223 |
within fourteen days of the date of request, or if the
pupil does | 224 |
not present a certification of birth described in
division (A)(1) | 225 |
of this section, a comparable certificate or
certification from | 226 |
another state, territory, possession, or
nation, or another | 227 |
document specified in divisions (A)(1)(a) to
(d)(e) of this | 228 |
section,
the principal or chief administrative officer
of the | 229 |
school shall
notify the law enforcement agency having
jurisdiction | 230 |
in the area
where the pupil resides of this fact and
of the | 231 |
possibility that
the pupil may be a missing child, as
defined in | 232 |
section 2901.30
of the Revised Code. | 233 |
(B)(1) Whenever an order or decree allocating parental
rights | 234 |
and responsibilities for the care of a child and
designating a | 235 |
residential parent and legal custodian of the child,
including a | 236 |
temporary order, is issued resulting from an action of
divorce, | 237 |
alimony, annulment, or dissolution of marriage, and the
order or | 238 |
decree pertains to a child who is a pupil in a public or
nonpublic | 239 |
school, the residential parent of the child shall
notify
the | 240 |
school of those allocations and designations by
providing the | 241 |
person in charge of admission at the pupil's school
with a | 242 |
certified copy of the order or decree that made the
allocation and | 243 |
designation. Whenever there is a modification of
any order or | 244 |
decree allocating parental rights and
responsibilities for the | 245 |
care of a child and designating a
residential parent and legal | 246 |
custodian of the child that has been
submitted to a school, the | 247 |
residential parent shall provide the
person in charge of admission | 248 |
at the pupil's school with a
certified copy of the order or decree | 249 |
that makes the
modification. | 250 |
(2) Whenever a power of attorney is executed under sections | 251 |
3109.51 to 3109.62 of the Revised Code that pertains to a child | 252 |
who is a pupil in a public or nonpublic school, the attorney in | 253 |
fact shall notify the school of the power of attorney by providing | 254 |
the person in charge of admission with a copy of the power of | 255 |
attorney. Whenever a caretaker authorization affidavit is
executed | 256 |
under sections 3109.64 to 3109.73 of the Revised Code
that | 257 |
pertains to a child who is in a public or nonpublic school,
the | 258 |
grandparent who executed the affidavit shall notify the school of | 259 |
the
affidavit by providing the person in charge of admission with | 260 |
a
copy of the affidavit. | 261 |
(C) If, at the time of a pupil's initial entry to a public
or | 262 |
nonpublic school, the pupil is under the care of a shelter for | 263 |
victims of domestic violence, as defined in section 3113.33 of
the | 264 |
Revised Code, the pupil or
the pupil's parent shall
notify the | 265 |
school of that fact. Upon being so informed, the school shall | 266 |
inform the elementary or secondary school from which it requests | 267 |
the
pupil's records of that fact. | 268 |
(D) Whenever a public or nonpublic school is notified by a | 269 |
law enforcement agency pursuant to division (D) of section 2901.30 | 270 |
of the Revised Code that a missing child report has been filed | 271 |
regarding a pupil who is currently or was previously enrolled in | 272 |
the school, the person in charge of admission at the school shall | 273 |
mark that pupil's records in such a manner that whenever a copy of | 274 |
or information regarding the records is requested, any school | 275 |
official responding to the request is alerted to the fact that the | 276 |
records are those of a missing child. Upon any request for a copy | 277 |
of or information regarding a pupil's records that have been so | 278 |
marked, the person in charge of admission immediately shall report | 279 |
the request to the law enforcement agency that notified the school | 280 |
that the pupil is a missing child. When forwarding a copy of or | 281 |
information from the pupil's records in response to a request, the | 282 |
person in charge of admission shall do so in such a way that the | 283 |
receiving district or school would be unable to discern that the | 284 |
pupil's records are marked pursuant to this division but shall | 285 |
retain the mark in the pupil's records until notified that the | 286 |
pupil is no longer a missing child. Upon notification by a law | 287 |
enforcement agency that a pupil is no longer a missing child, the | 288 |
person in charge of admission shall remove the mark from the | 289 |
pupil's records in such a way that if the records were forwarded | 290 |
to another district or school, the receiving district or school | 291 |
would be unable to
discern that the records were ever marked. | 292 |