325 ILCS 55/ Missing Children Registration Law.

(325 ILCS 55/0.01) (from Ch. 23, par. 2270)

Sec. 0.01. Short title. This Article may be cited as the Missing Children Registration Law.

(Source: P.A. 86-1475.)

(325 ILCS 55/1) (from Ch. 23, par. 2271)

Sec. 1. Definitions. As used in this Article, 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) (Blank).

(c) "Missing child" means a person under the age of 18 years, reported to any law enforcement authority as abducted, lost or a runaway, whose identity is entered into the Law Enforcement Agencies Data System.

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

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 55/2) (from Ch. 23, par. 2272)

Sec. 2. Illinois State Police duties. Upon entry of a report of a missing child born in Illinois into the Law Enforcement Agencies Data System, the Illinois State Police shall notify the Registrar of the disappearance and shall provide the Registrar with information concerning the identity of the missing child.

If the Illinois State Police has reason to believe that a missing child may be enrolled in an 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 child, the Illinois State Police shall so notify the Registrar.

The Illinois State Police shall by rule determine the manner and form of notices and information required by this Article.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 55/3) (from Ch. 23, par. 2273)

Sec. 3. Registrar duties. Upon notification by the Illinois State Police that a person under the age of 18 years who was 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 child. The Registrar shall also notify the appropriate city or county custodian to likewise flag his records. Upon notification by the Illinois State Police that the missing child has been recovered, the Registrar shall remove the flag from the person's birth certificate record and shall notify any other previously notified city or county custodian to remove the flag from his record.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 55/4) (from Ch. 23, par. 2274)

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 Illinois State Police.

(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 person making the request shall complete a form as prescribed by the Illinois State Police, which may include the name, address, telephone number and social security number of the person making the request, his or her relationship to the missing child and the name, address and birth date of the missing child. The driver's license of the person making the request, if available, shall be photocopied and returned to him. He shall be informed that a copy of the certificate shall be mailed to him. The custodian's personnel shall note the physical description of the person making the request, and, upon the latter's departure from the custodian's office, his supervisor shall immediately notify 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 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. 102-538, eff. 8-20-21.)

(325 ILCS 55/5) (from Ch. 23, par. 2275)

Sec. 5. School duties. (a) Upon notification by the Illinois State Police of a child's disappearance, a school in which the child is currently or was previously enrolled shall flag the record of that child 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 child. The school shall immediately report to the local law enforcement authority any request concerning flagged records or knowledge as to the whereabouts of any missing child. Upon notification by the Illinois State Police that the missing child has been recovered, the school shall remove the flag from the person's record.

(b) 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 (1) a certified copy of the student's birth certificate or (2) other reliable proof, as determined by the Illinois State Police, of the student's identity and age, and an affidavit explaining the inability to produce a copy of the birth certificate.

Upon the failure of a person enrolling a student to comply with this subsection, the school shall immediately notify the local law enforcement agency and shall also notify the person enrolling the student in writing that, unless he complies within 10 days, the case shall be referred to the local law enforcement authority for investigation. If compliance is not obtained within that 10 day period, the school shall so refer the case.

The school shall immediately report to the local law enforcement authority 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 such 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 local law enforcement authority of the request.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 55/6) (from Ch. 23, par. 2276)

Sec. 6. Local law enforcement duties. Any local law enforcement authority notified pursuant to this Article of the request for the birth certificate or school record of or other information concerning a missing child shall immediately notify the Illinois State Police of such request and shall investigate the request.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 55/7) (from Ch. 23, par. 2277)

Sec. 7. Home rule. This Article shall constitute the exercise of the State's exclusive jurisdiction pursuant to subsection (h) of Section 6 of Article VII of the Illinois Constitution and shall preempt the jurisdiction of any home rule unit.

(Source: P.A. 84-1279.)