(325 ILCS 50/0.01)

(from Ch. 23, par. 2280)

Sec. 0.01.

Short title.

This Act may be cited as the

Missing Children Records Act.

(Source: P.A. 86‑1324.)

(325 ILCS 50/1)

(from Ch. 23, par. 2281)

Sec. 1.

Definitions.

As used in this Act, unless the context requires otherwise:

(a) "Custodian" means the State Registrar of Vital Records, local registrars of vital records appointed by the State Registrar and county clerks.

(b) "Department" means the Illinois Department of State Police.

(c) "Missing person" means a person 17 years old or younger reported to any law enforcement authority as abducted, lost or a runaway.

(d) "Registrar" means the State Registrar of Vital Records.

(Source: P.A. 84‑1430.)

(325 ILCS 50/2)

(from Ch. 23, par. 2282)

Sec. 2.

Department duties.

Upon entry of a report of a missing person born in Illinois into the Law Enforcement Agencies Data System (LEADS) established pursuant to the Intergovernmental Missing Child Recovery Act of 1984, the Department shall notify the Registrar within 5 business days of the disappearance and shall provide the Registrar with information concerning the identity of the missing person. Upon entry of a report of a missing person born in a state other than Illinois into the Law Enforcement Agencies Data System (LEADS), the Department shall notify the registrar, or other state agency responsible for vital records, in that state within 5 business days of the disappearance and shall provide such registrar or other agency with information concerning the identity of the missing person.

If the Department has reason to believe that a missing person has been enrolled in a specific Illinois elementary or secondary school, it shall notify the last such known school as to the disappearance at which time the school shall flag the missing child's record pursuant to Section 5.

Upon learning of the recovery of a missing person, the Department shall so notify the Registrar and any school previously informed of the person's disappearance.

The Department shall by rule determine the manner and form of notices and information required by this Act.

(Source: P.A. 84‑1430.)

(325 ILCS 50/3)

(from Ch. 23, par. 2283)

Sec. 3.

Registrar duties.

Upon notification by the Department that a person born in this State is missing, the Registrar shall flag the birth certificate record of that person in such a manner that whenever a copy of the birth certificate or information regarding the birth record is requested, the Registrar shall be alerted to the fact that the certificate is that of a missing person. The Registrar shall also notify the appropriate municipality or county custodians to likewise flag their records. Upon notification by the Department that the missing person has been recovered, the Registrar shall remove the flag from the person's birth certificate record and shall notify any other previously notified municipality or county custodian to remove the flag from his record.

(Source: P.A. 84‑1430.)

(325 ILCS 50/4)

(from Ch. 23, par. 2284)

Sec. 4.

Custodian duties.

(a) In response to any inquiry, a custodian shall not provide a copy of a birth certificate or information concerning the birth record of any person whose record is flagged pursuant to Section 3 except as approved by the Department.

(b) When a copy of the birth certificate of a person whose record has been flagged is requested in person, the custodian's personnel accepting the request shall immediately notify his supervisor. The custodian's personnel shall then follow procedures prescribed by the Department to clearly ascertain the identity of the person making the request, his address and his physical description. Such procedures shall include requiring the person making the request to complete a standardized information form and to present at least one form of photo identification. The custodian's personnel shall inform the person making the request that a copy of the certificate shall be mailed to him, and, upon the latter's departure from the custodian's office, his supervisor shall immediately notify the Department or the local law enforcement authority as to the request and the information obtained pursuant to this subsection. The custodian shall retain the form completed by the person making the request.

(c) When a copy of the birth certificate of a person whose record has been flagged is requested in writing, the custodian's personnel receiving the request shall immediately notify his supervisor. The supervisor shall immediately notify the Department or local law enforcement authority as to the request and shall provide a copy of the written request. The custodian shall retain the original written request.

(Source: P.A. 84‑1430.)

(325 ILCS 50/5)

(from Ch. 23, par. 2285)

Sec. 5.

School duties.

(a) Upon notification by the Department of a person's disappearance, a school in which the person is currently or was previously enrolled shall flag the record of that person in such a manner that whenever a copy of or information regarding the record is requested, the school shall be alerted to the fact that the record is that of a missing person. The school shall immediately report to the Department any request concerning flagged records or knowledge as to the whereabouts of any missing person. Upon notification by the Department that the missing person has been recovered, the school shall remove the flag from the person's record.

(b) (1) Upon enrollment of a student for the first time in a particular elementary or secondary school, that school shall notify in writing the person enrolling the student that within 30 days he must provide either (i) a certified copy of the student's birth certificate or (ii) other reliable proof, as determined by the Department, of the student's identity and age and an affidavit explaining the inability to produce a copy of the birth certificate. Other reliable proof of the student's identity and age shall include a passport, visa or other governmental documentation of the child's identity.

(2) Upon the failure of a person enrolling a student to comply with subsection (b) (1), the school shall immediately notify the Department or local law enforcement agency of such failure, and shall notify the person enrolling the student in writing that he has 10 additional days to comply.

(3) The school shall immediately report to the Department any affidavit received pursuant to this subsection which appears inaccurate or suspicious in form or content.

(c) Within 14 days after enrolling a transfer student, the elementary or secondary school shall request directly from the student's previous school a certified copy of his record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. Any elementary or secondary school requested to forward a copy of a transferring student's record to the new school shall comply within 10 days of receipt of the request unless the record has been flagged pursuant to subsection (a), in which case the copy shall not be forwarded and the requested school shall notify the Department or local law enforcement authority of the request.

(Source: P.A. 84‑1430.)