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Am. H. B. No. 181 As Reported by the House Education CommitteeAs Reported by the House Education Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Stebelton, Evans, Healy, Combs, Yuko, Harwood, Huffman, Collier, Webster, Brown, Patton, Williams, B., Lundy, Dyer, Heard
A BILL
To amend sections 2901.30 and 3313.672 of the Revised
Code with respect to law enforcement cooperation
and schools' record keeping duties in missing
children investigations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2901.30 and 3313.672 of the Revised
Code be amended to read as follows:
Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32
of
the Revised Code:
(1) "Information" means information that can be integrated
into the computer system and that relates to the physical or
mental description of a minor including, but not limited to,
height, weight, color of hair and eyes, use of eyeglasses or
contact lenses, skin coloring, physical or mental handicaps,
special medical conditions or needs, abnormalities, problems,
scars and marks, and distinguishing characteristics, and other
information that could assist in identifying a minor including,
but not limited to, full name and nickname, date and place of
birth, age, names and addresses of parents and other relatives,
fingerprints, dental records, photographs, social security
number,
driver's license number, credit card numbers, bank
account
numbers, and clothing.
(2) "Minor" means a person under eighteen years of age.
(3) "Missing children" or "missing child" means either of
the
following:
(a) A minor who has run away from or who otherwise is
missing
from the home of, or the care, custody, and control of,
the
minor's parents, parent who is the residential parent and legal
custodian, guardian, legal custodian, or other person having
responsibility for the care of the minor;
(b) A minor who is missing and about whom there is reason
to
believe the minor could be the victim of a violation of section
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised
Code or of a
violation of section 2905.04 of the Revised
Code as it existed
prior to the effective date of this amendment
July 1, 1996.
(B) When a law enforcement agency in this state that has
jurisdiction in the matter is informed that a minor is or may be
a
missing child and that the person providing the information
wishes
to file a missing child report, the law enforcement agency
shall
take that report. Upon taking the report, the law
enforcement
agency shall take prompt action upon it, including,
but not
limited to, concerted efforts to locate the missing
child. No law
enforcement agency in this state shall have a rule
or policy that
prohibits or discourages the filing of or the
taking of action
upon a missing child report, within a specified
period following
the discovery or formulation of a belief that a
minor is or could
be a missing child.
(C) If a missing child report is made to a law enforcement
agency in this state that has jurisdiction in the matter, the law
enforcement agency shall gather readily available information
about the missing child and integrate it into the national crime
information center computer within twelve hours following the
making of the report. The law enforcement agency shall make
reasonable efforts to acquire additional information about the
missing child following the transmittal of the initially
available
information, and promptly integrate any additional
information
acquired into such computer systems.
Whenever a law enforcement agency integrates information
about a missing child into the national crime information center
computer, the law enforcement agency promptly shall notify the
missing child's parents, parent who is the residential parent and
legal custodian, guardian, or legal custodian, or any other
person
responsible for the care of the missing child, that it has
so
integrated the information.
The parents, parent who is the residential parent and legal
custodian, guardian, legal custodian, or other person responsible
for the care of the missing child shall provide available
information upon request, and may provide information
voluntarily,
to the law enforcement agency during the information
gathering
process. The law enforcement agency also may obtain
available
information about the missing child from other persons,
subject to
constitutional and statutory limitations.
(D) Upon the filing of a missing child report, the law
enforcement agency involved may notify the public or nonpublic
school in which the missing child is or was most recently
enrolled, as ascertained by the agency, that the child is the
subject of a missing child report and that the child's school
records are to be marked in accordance with section 3313.672 of
the Revised Code.
(E) Upon the filing of a missing child report, the law
enforcement agency involved promptly shall make a reasonable
attempt to notify other law enforcement agencies within its
county
and, if the agency has jurisdiction in a municipal
corporation or
township that borders another county, to notify
the law
enforcement agency for the municipal corporation or
township in
the other county with which it shares the border,
that it has
taken a missing child report and may be requesting
assistance or
cooperation in the case, and provide relevant
information to the
other law enforcement agencies. The agency
may notify additional
law enforcement agencies, or appropriate
public children services
agencies, about the case, request their
assistance or
cooperation
in the case, and provide them with relevant
information.
Upon request from a law enforcement agency, a public
children
services agency shall grant the law
enforcement agency access to
all information concerning a missing
child that the agency
possesses that may be
relevant
to the law enforcement agency in
investigating a missing child
report concerning that child. The
information obtained by the
law enforcement agency shall be used
only to further the
investigation to locate the missing child.
(E)(F) Upon request, law enforcement agencies in this state
shall provide assistance to, and cooperate with, other law
enforcement agencies in their investigation of missing child
cases. The assistance and cooperation under this paragraph shall
be pursuant to any terms agreed upon by the law enforcement
agencies, which may include the provision of law enforcement
services or the use of law enforcement equipment or the
interchange of services and equipment among the cooperating law
enforcement agencies. Chapter 2744. of the Revised Code, insofar
as it applies to the operation of law enforcement agencies, shall
apply to the cooperating political subdivisions and to the law
enforcement agency employees when they are rendering services
pursuant to this paragraph outside the territory of the political
subdivision by which they are employed. Law enforcement agency
employees rendering services outside the territory of the
political subdivision in which they are employed, pursuant to this
paragraph, shall be entitled to participate in any indemnity fund
established by their employer to the same extent as if they were
rendering service within the territory of their employing
political subdivision. Those law enforcement agency employees also
shall be entitled to all the rights and benefits of Chapter 4123.
of the Revised Code to the same extent as if rendering services
within the territory of their employing political subdivision.
The information in any missing child report made to a law
enforcement agency shall be made available, upon request, to law
enforcement personnel of this state, other states, and the
federal
government when the law enforcement personnel indicate
that the
request is to aid in identifying or locating a missing
child or
the possible identification of a deceased minor who,
upon
discovery, cannot be identified.
(F)(G) When a missing child has not been located within
thirty days after the date on which the missing child report
pertaining to the child was filed with a law enforcement agency,
that
law enforcement agency shall request the missing child's
parents,
parent who is the residential parent and legal custodian,
guardian, or legal custodian, or any other person responsible for
the care of the missing child, to provide written consent for the
law enforcement agency to contact the missing child's dentist and
request the missing child's dental records. Upon receipt of such
written consent, the dentist shall release a copy of the missing
child's dental records to the law enforcement agency and shall
provide and encode the records in such form as requested by the
law enforcement agency. The law enforcement agency then shall
integrate information in the records into the national crime
information center computer in order to compare the records to
those of unidentified deceased persons. This division does not
prevent a law enforcement agency from seeking consent to obtain
copies of a missing child's dental records, or prevent a missing
child's parents, parent who is the residential parent and legal
custodian, guardian, or legal custodian, or any other person
responsible for the care of the missing child, from granting
consent for the release of copies of the missing child's dental
records to a law enforcement agency, at any time.
(G)(H) A missing child's parents, parent who is the
residential parent and legal custodian, guardian, or legal
custodian, or any other persons responsible for the care of a
missing child, immediately shall notify the law enforcement
agency
with which they filed the missing child report whenever
the child
has returned to their home or to their care, custody,
and control,
has been released if the missing child was the victim
of an
offense
listed in division (A)(3)(b) of this section, or otherwise
has
been located. Upon such notification or upon otherwise
learning
that a missing child has returned to the home of, or to
the care,
custody, and control of the missing child's parents,
parent who is
the
residential parent and legal custodian,
guardian, legal
custodian, or other person responsible for the
missing child's
care, has been
released if the missing child was
the victim of an offense listed in
division
(A)(3)(b) of this
section, or otherwise has been located, the law
enforcement agency
involved promptly shall integrate the fact
that the minor no
longer is a missing child into the national
crime information
center computer and shall inform any school that was notified
under division (D) of this section that the minor is no longer a
missing child.
(H)(I) Nothing contained in this section shall be construed
to impair the confidentiality of services provided to runaway
minors by shelters for runaway minors pursuant to sections
5119.64
to 5119.68 of the Revised Code.
Sec. 3313.672. (A)(1) At the time of
initial entry to
a
public or nonpublic school, a pupil shall present to the person
in
charge of admission any records given
the pupil by the
public
or
nonpublic elementary or secondary school
the pupil
most
recently
attended; a certified copy of an order or decree, or
modification
of such an order or decree allocating parental rights
and
responsibilities for the care of a child and designating a
residential parent and legal custodian of the child, as provided
in division (B) of this section, if that type of order or decree
has been issued;
a copy of a power of attorney or caretaker
authorization affidavit, if either has been executed with respect
to the child pursuant to sections 3109.51 to 3109.80 of the
Revised Code; and a certification of birth issued pursuant to
Chapter 3705. of the Revised Code, a comparable certificate or
certification issued pursuant to the statutes of another state,
territory, possession, or nation, or a document in lieu of a
certificate or certification as described in divisions (A)(1)(a)
to (e) of this section. Any of the following shall be accepted
in
lieu of a certificate or certification of birth by the person
in
charge of admission:
(a) A passport or attested transcript of a passport filed
with a registrar of passports at a point of entry of the United
States showing the date and place of birth of the child;
(b) An attested transcript of the certificate of birth;
(c) An attested transcript of the certificate of baptism
or
other religious record showing the date and place of birth of
the
child;
(d) An attested transcript of a hospital record showing
the
date and place of birth of the child;
(2) If a pupil requesting admission to a school of the school
district in which the pupil is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code has been discharged
or released from the custody of the department of youth services
under section 5139.51 of the Revised Code just prior to requesting
admission to the school, no school official shall admit that pupil
until the records described in divisions (D)(4)(a) to (d) of
section 2152.18 of the Revised Code have been received by the
superintendent of the school district.
(3) Except as otherwise provided in division (A)(2) of this
section, within twenty-four hours of the entry into the school
of
a pupil described in division (A)(1) of this section, a school
official shall request the pupil's official records from the
public or nonpublic elementary or secondary school
the pupil
most
recently attended. If the public or nonpublic school the
pupil
claims to have most recently attended indicates that it has
no
record of the pupil's attendance or the records are not
received
within fourteen days of the date of request, or if the
pupil does
not present a certification of birth described in
division (A)(1)
of this section, a comparable certificate or
certification from
another state, territory, possession, or
nation, or another
document specified in divisions (A)(1)(a) to
(d)(e) of this
section,
the principal or chief administrative officer
of the
school shall
notify the law enforcement agency having
jurisdiction
in the area
where the pupil resides of this fact and
of the
possibility that
the pupil may be a missing child, as
defined in
section 2901.30
of the Revised Code.
(B)(1) Whenever an order or decree allocating parental
rights
and responsibilities for the care of a child and
designating a
residential parent and legal custodian of the child,
including a
temporary order, is issued resulting from an action of
divorce,
alimony, annulment, or dissolution of marriage, and the
order or
decree pertains to a child who is a pupil in a public or
nonpublic
school, the residential parent of the child shall
notify
the
school of those allocations and designations by
providing the
person in charge of admission at the pupil's school
with a
certified copy of the order or decree that made the
allocation and
designation. Whenever there is a modification of
any order or
decree allocating parental rights and
responsibilities for the
care of a child and designating a
residential parent and legal
custodian of the child that has been
submitted to a school, the
residential parent shall provide the
person in charge of admission
at the pupil's school with a
certified copy of the order or decree
that makes the
modification.
(2) Whenever a power of attorney is executed under sections
3109.51 to 3109.62 of the Revised Code that pertains to a child
who is a pupil in a public or nonpublic school, the attorney in
fact shall notify the school of the power of attorney by providing
the person in charge of admission with a copy of the power of
attorney. Whenever a caretaker authorization affidavit is
executed
under sections 3109.64 to 3109.73 of the Revised Code
that
pertains to a child who is in a public or nonpublic school,
the
grandparent who executed the affidavit shall notify the school of
the
affidavit by providing the person in charge of admission with
a
copy of the affidavit.
(C) If, at the time of a pupil's initial entry to a public
or
nonpublic school, the pupil is under the care of a shelter for
victims of domestic violence, as defined in section 3113.33 of
the
Revised Code, the pupil or
the pupil's parent shall
notify the
school of that fact. Upon being so informed, the school shall
inform the elementary or secondary school from which it requests
the
pupil's records of that fact.
(D) Whenever a public or nonpublic school is notified by a
law enforcement agency pursuant to division (D) of section 2901.30
of the Revised Code that a missing child report has been filed
regarding a pupil who is currently or was previously enrolled in
the school, the person in charge of admission at the school shall
mark that pupil's records in such a manner that whenever a copy of
or information regarding the records is requested, any school
official responding to the request is alerted to the fact that the
records are those of a missing child. Upon any request for a copy
of or information regarding a pupil's records that have been so
marked, the person in charge of admission immediately shall report
the request to the law enforcement agency that notified the school
that the pupil is a missing child. When forwarding a copy of or
information from the pupil's records in response to a request, the
person in charge of admission shall do so in such a way that the
receiving district or school would be unable to discern that the
pupil's records are marked pursuant to this division but shall
retain the mark in the pupil's records until notified that the
pupil is no longer a missing child. Upon notification by a law
enforcement agency that a pupil is no longer a missing child, the
person in charge of admission shall remove the mark from the
pupil's records in such a way that if the records were forwarded
to another district or school, the receiving district or school
would be unable to
discern that the records were ever marked.
Section 2. That existing sections 2901.30 and 3313.672 of the
Revised Code are hereby repealed.
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