AUTHORITY: Implementing and authorized by the Missing Children Registration Law [325 ILCS 55] and the Missing Children Records Act [325 ILCS 50].

SOURCE: Adopted at 12 Ill. Reg. 22234, effective December 13, 1988; amended at 25 Ill. Reg. 7280, effective May 25, 2001.

SUBPART A: PROMULGATION

 

Section 1290.10  Purpose

 

The purpose of this Part is to facilitate the locating and return of missing persons by establishing procedures relating to birth records and school registration.

 

Section 1290.20  Definitions

 

a)         Unless specified otherwise, all terms shall have the meaning set forth in Section 1 of "AN ACT to require the registration of habitual child sex offenders and in relation to the confidentiality of information concerning minor victims of sex offenses and concerning missing children" (Ill. Rev. Stat. 1987, ch. 23, par. 2271) and Section 1 of "AN ACT in relation to children" (Ill. Rev. Stat. 1987, ch. 23, par. 2281).

 

b)         For the purposes of these rules, the following definition applies:

 

"Acts":  "AN ACT to require the registration of habitual child sex offenders and in relation to the confidentiality of information concerning minor victims of sex offenses and concerning missing children" (Ill. Rev. Stat. 1987, ch. 23, par. 2271 et seq.) and "AN ACT in relation to children" (Ill. Rev. Stat. 1987, ch. 23, par. 2281 et seq.).

 

"Department":  The Illinois Department of State Police.

 

"Registrar":  The State Registrar of Vital Records.

SUBPART B: REQUIREMENTS AND PROCEDURES

 

Section 1290.30  Department Notification Requirements

 

Notifications required by the Acts to be made by the Department shall include, if known, at least the name, date of birth, and sex of the missing child or missing person.  This information shall be provided in written form or by electronic data transfer.

 

Section 1290.40  Registrar Notification Requirements

 

Notifications required by paragraphs 2273 and 2283 of the Acts to be made by the Registrar to city, municipality, or county custodians shall include, if known, at least the name, date of birth, and sex of the missing child or missing person.  This information shall be provided in written form or by electronic data transfer.

 

Section 1290.50  Custodian Identification Procedures

 

The form required by paragraphs 2274(b) and 2284(b) of the Acts to be completed by a person requesting a flagged birth certificate shall include the name, date of birth, mailing address, and telephone number of the requesting person and the relationship of the requesting person to the missing child or missing person.  When a flagged birth certificate is requested by a person, pursuant to paragraphs 2273 and 2283 of the Acts the person's driver's license shall be requested or, if unavailable, one other form of identification must be presented. This identification must contain a photograph that accurately portrays the requesting person.  The custodian shall make and retain a photocopy of the tendered identification.

 

Section 1290.60  School Enrollment Identification and Reports

 

a)         No proof of the student's identity and age, other than a certified copy of the student's birth certificate, shall be accepted.  The Department finds no other proof to be reliable.

 

b)         The reports required by paragraphs 2275(b) and 2285(b) of the Acts, which identify those enrollments failing to comply with the Acts, shall be in writing and shall include at least the student's name, sex, race, and date of birth.

 

c)         The reports required by paragraphs 2275(b) and 2285(b) of the Acts, which identify requests for flagged student records pursuant to paragraphs 2273 and 2283, shall be in writing; shall include at least the student's name, sex, race, and date of birth; and shall provide the name of the party requesting the record.

 

Section 1290.70  Miscellaneous Provisions

 

a)         All requirements and procedures contained in the Acts shall be followed.

 

b)         All reports made to the Department under the provisions of the Acts shall be directed to the nearest State Police Region Investigative Office, to the Department's Clearinghouse for Missing and Exploited Children, or to any subsequent functionally equivalent but differently named office of the Department.

 

(Source:  Amended at 25 Ill. Reg. 7280, effective May 25, 2001)