18c2908s

§ 2908.  Missing children.

(a)  Duties of law enforcement agencies.--Law enforcement agencies shall have the following duties with respect to missing children:

(1)  To investigate a report of a missing child immediately upon receipt of the report regardless of the age of the missing child or the circumstances surrounding the disappearance of the child. In no case shall law enforcement agencies impose a mandatory waiting period prior to commencing the investigation of a missing child.

(2)  When conducting a missing child investigation, to record all information relevant to the missing child and the circumstances surrounding the disappearance of the missing child on the appropriate law enforcement investigative report.

(3)  To make an entry into the Missing Persons File through the Commonwealth Law Enforcement Assistance Network (CLEAN) in accord with Pennsylvania State Police policy and procedures immediately upon receipt of sufficient identification information on the missing child.

(3.1)  To make an entry into the Unidentified Persons File through Commonwealth Law Enforcement Assistance Network (CLEAN) in accord with Pennsylvania State Police policy and procedures immediately upon:

(i)  taking custody of an unidentified living child, such as an infant, or a physically or mentally disabled child; or

(ii)  discovering an unidentified deceased child.

(3.2)  To deliver any of the missing child's DNA to the Pennsylvania State Police in accordance with 44 Pa.C.S. § 2316.2 (relating to collection of DNA in investigations of high-risk missing persons and missing children) for submission to the National Missing and Unidentified Persons System.

(4)  To insure timely cancellation of any entry made pursuant to this section where the missing child has returned or is located.

(a.1)  Unidentified deceased children.--Law enforcement agencies and coroners shall, with respect to unidentified deceased children, have the duty to collect DNA samples from the unidentified deceased child and submit the DNA samples to the Pennsylvania State Police in accordance with 44 Pa.C.S. § 2316.4 (relating to collection of DNA in investigations of unidentified decedents) for law enforcement identification purposes and make an entry into the Unidentified Deceased Person File through the Commonwealth Law Enforcement Assistance Network (CLEAN) in accordance with Pennsylvania State Police policy and procedures immediately upon observing or receiving any descriptive information on an unidentified deceased child.

(b)  Definition.--As used in this section the term "child" means a person under 18 years of age.

18c2908v

(May 9, 1985, P.L.31, No.14, eff. imd.; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; June 25, 1992, P.L.315, No.59, eff. 60 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days)

 

2022 Amendment.  Act 4 amended subsecs. (a) and (a.1). See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police.

1985 Amendment.  Act 14 added section 2908.

Cross References.  Section 2908 is referred to in section 5701 of Title 23 (Domestic Relations).