CHAPTER 89
MISSING PERSONS
[Prior to 11/22/06, see 661—Ch 19]
661—89.1 to 89.99 Reserved.
DIVISION I
MISSING PERSON INFORMATION CLEARINGHOUSE
661—89.100(694) Missing person information clearinghouse. The missing person information clearinghouse is established in the division of criminal investigation. The clearinghouse provides a program for compiling, coordinating, and disseminating information, in order to locate missing persons through public awareness and cooperation, and to educate law enforcement officers and the general public about the issues related to missing persons.
661—89.101(694) Administration of missing person information clearinghouse. The division of criminal investigation administers the missing person information clearinghouse, and all questions, comments, or requests for, or submission of, information should be directed to the clearinghouse at the division of criminal investigation. Inquiries by mail should be addressed to: Missing Person Information Clearinghouse, Division of Criminal Investigation, Iowa Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319. Inquiries by electronic mail should be addressed to mpicinfo@dps.state.ia.us.
661—89.102(694) Definitions. The following definitions apply to rules 661—89.100(694) through 661—89.107(694).
“Approved” means having met the criteria set forth by the department of public safety.
“Clearinghouse” means the missing person information clearinghouse in the division of criminal investigation, Iowa department of public safety.
“Commissioner” means the commissioner of the Iowa department of public safety or the commissioner’s authorized designee.
“Department” means the Iowa department of public safety.
“Missing person” means an individual having temporary or permanent residence in Iowa, or who is believed to be in Iowa, whose location has not been determined, who has been reported as missing to a law enforcement agency, and who:
	1.	Is physically or mentally disabled.
	2.	Is missing under circumstances indicating that the missing person may be in danger.
	3.	Is missing under circumstances indicating that the missing person’s disappearance was not voluntary.
	4.	Is under the age of 21.
“Missing person report” means a report filed by a law enforcement agency or a private individual with the clearinghouse on a missing person report form.
“Missing person report form” means a form designated by the department of public safety for use by private citizens and law enforcement agencies to report missing person information to the missing person information clearinghouse. Law enforcement agencies may use forms other than the form designated by the department of public safety to submit missing person information to the clearinghouse, provided that all of the information requested on the designated form is provided.
“Prevention and education materials” means those materials that are designed to aid in the prevention of child abduction and to address risks of the exploitation of missing children and that are used in conjunction with a prevention and education program.
“Prevention and education programs” means those programs which have as their primary purpose the prevention of child abduction and of the exploitation of missing children.
“Programs and materials registry” or “registry” means a list of prevention and education materials and programs approved by the department.
661—89.103(694) Program information.
	89.103(1) A toll-free telephone line (1-800-346-5507) is available 24 hours a day, seven days a week, to collect and disseminate information concerning missing persons in Iowa.
	89.103(2) Current information on Iowa missing persons, including photographs when available, is available on the Web site of the clearinghouse.
	89.103(3) After filing a complaint of a missing person with a law enforcement agency, the person filing the complaint may submit information to the clearinghouse on a missing person report form, which may be obtained from the clearinghouse or any law enforcement agency.
	89.103(4) After a missing person complaint has been filed with a law enforcement agency, any person may submit information on a missing person report form to the clearinghouse.
661—89.104(694) Prevention and education programs and materials.
	89.104(1) The clearinghouse shall maintain a registry of approved prevention and education programs and materials regarding missing and runaway children.
	89.104(2) Any person or group wishing to submit prevention and education programs and materials for approval and inclusion in the registry may contact the clearinghouse in order to request information on submitting prevention and education programs and materials for approval.
	89.104(3) The clearinghouse shall consider prevention and education programs and materials submitted for approval only upon receipt by the clearinghouse of all specified materials. The person or group submitting prevention and education programs or materials to the clearinghouse shall be notified of approval or rejection of the programs or materials on the registry. No prevention and education programs or materials shall be represented as having been approved by the clearinghouse or the department unless they have been approved and placed on the registry.
	89.104(4) The following criteria shall govern approval of education and prevention materials and programs by the department:
	a. 	A prevention or education program must contain all elements deemed necessary to adequately cover the subject matter.
	b. 	Prevention and education programs and materials shall not contain any elements determined to be offensive or pornographic or which sensationalize the problem of missing persons.
	c. 	Prevention and education programs and materials shall meet standards established by the department.
	d. 	Prevention and education programs and materials which have been approved by the National Center for Missing and Exploited Children are deemed to be approved by the department.
	89.104(5) Modifications to approved programs or materials shall be submitted to the clearinghouse for review and approval and shall not be represented as approved by the clearinghouse until such approval has been received.
	89.104(6) Prevention or education programs or materials may be rejected for inclusion in the registry of approved prevention and education programs and materials if it is determined that materials utilized or content of the program is other than that which was submitted to the clearinghouse for approval, or if it is determined, based on current knowledge, that information provided in prevention and education programs and materials that have been approved previously is outdated or misleading.
	89.104(7) Prevention or education programs or materials for which approval has been withdrawn by the clearinghouse shall be removed from the registry. The person or group that submitted the withdrawn program or material for consideration and approval shall be notified, if practicable.
	89.104(8) If prevention or education programs or materials submitted to the clearinghouse are rejected for inclusion in the registry, or if the programs or materials previously approved are removed from the registry, the person or group that submitted the programs or materials to the clearinghouse may appeal the rejection or removal to the commissioner within 30 days of the date on which the clearinghouse notified the person or group of the rejection or withdrawal. A proceeding arising from this rule shall be a contested case and shall be subject to rules 661—10.301(17A) through 661—10.332(17A).
	89.104(9) Any individual or group may contact the clearinghouse regarding prevention and education programs and materials to ascertain if a specific program or material is on the registry.
	89.104(10) Any individual may file a complaint with the clearinghouse regarding prevention and education programs and materials on the registry. Complaints shall be directed to the clearinghouse in writing.
661—89.105(694) Release of information. Prevention and education materials and program information filed with the clearinghouse for review are open records. Information received by the department that pertains to a missing person, other than criminal investigative data, shall be open records unless deemed confidential pursuant to Iowa Code chapter 22, 692 or 694, or other provision of law.
661—89.106(694) Dissemination.
	89.106(1) The clearinghouse shall distribute missing person information that contains the names, photographs, descriptions, and information related to the events surrounding the disappearance of missing persons through publication on the Missing Person Information Clearinghouse Web site. The law enforcement agency or person to contact if a missing person is located and the names of all located missing persons will be included in the information shown on the Web site.
Note:  The Web site of the missing person information clearinghouse is http://www.iowaonline. state.ia.us/mpic/.
	89.106(2) Each week the clearinghouse shall produce, update, and publish public service announcements on the clearinghouse Web site. A media outlet may request to receive the weekly public service announcement by electronic mail by subscribing to the electronic mail notification service available through the department Web site.
661—89.107(694) Training. The department shall develop training programs for law enforcement personnel and the general public.
	89.107(1) Training for local law enforcement personnel shall include missing person reporting and legal procedures, tracking of missing persons, unidentified bodies, and criteria and procedures for AMBER alerts.
	89.107(2) Training for the general public shall include information to assist in the prevention of child exploitation and kidnapping.
These rules are intended to implement Iowa Code section 694.10.
661—89.108 to 89.199 Reserved.
DIVISION II
AMBER ALERT PROGRAM
661—89.200(694) AMBER alert program. The AMBER alert program is a cooperative effort of the department of public safety, the department of transportation, the lottery authority, the Iowa association of broadcasters, the Iowa state association of sheriffs and deputies, local law enforcement agencies, and the national weather service.
661—89.201(694) Criteria. An AMBER alert shall be issued by Iowa state patrol communications upon receipt of a request from a law enforcement agency, provided that the following criteria for issuance of an AMBER alert are met:
	1.	Law enforcement has confirmed that a person has been abducted, and an entry has been made into the Iowa On-line Articles and Warrants (I.O.W.A.) System identifying the person as missing.
	2.	The person who has been abducted is under the age of 18.
	3.	Law enforcement believes the circumstances surrounding the abduction indicate that the child is in danger of serious bodily injury or death.
	4.	There is enough descriptive information about the child, abductor, or suspect’s vehicle to believe that an immediate broadcast alert will help.
The criteria should be interpreted broadly so as to protect the safety of the abducted child and to maintain the integrity of the AMBER alert program and criteria.
661—89.202(694) Activation procedures.
	89.202(1) An Iowa AMBER alert shall be issued by Iowa state patrol communications upon receipt of a request from a participating law enforcement agency, provided that the criteria established in rule 661—89.201(694) are met.
	89.202(2) In order to initiate an Iowa AMBER alert, a law enforcement agency shall submit by facsimile transmission a completed copy of the “State of Iowa AMBER Alert Notification Plan Facsimile Transmission Packet” to the Des Moines station of Iowa state patrol communications. If transmission to the Des Moines station is not feasible, transmission may be made to the Cedar Rapids station of Iowa state patrol communications.
	89.202(3) Upon receipt by Iowa state patrol communications of a completed facsimile transmission packet and if the AMBER alert criteria established in rule 661—89.201(694) are met, an AMBER alert shall be transmitted via the Emergency Alert System (EAS) to Iowa broadcasters.
	89.202(4) After initiation of an AMBER alert, additional information may be submitted by the participating law enforcement agency by facsimile transmission, electronic mail, or telephone.
	89.202(5) After initiation of an AMBER alert, available information shall be posted on the Iowa AMBER alert Web site.
Note:  The Web site of the Iowa AMBER alert program is at www.iowaamberalert.org.
	89.202(6) The communications officer of the Iowa state patrol may direct the issuance of an Iowa AMBER alert, upon receiving a request to do so from another state in which an AMBER alert has been issued, provided that there is evidence that the abductor may be traveling with the abducted child to or through Iowa.
	89.202(7) An Iowa AMBER alert shall terminate if the child who was abducted is located or if five hours have elapsed since the initiation of the alert. An alert may be renewed.
	89.202(8) If an Iowa AMBER alert is requested and if the circumstances indicate that a person is missing, the information shall be transmitted promptly to the Iowa missing person information clearinghouse.
661—89.203(694) Alternative alert if criteria are not satisfied. If an AMBER alert has been requested and the criteria established in rule 661—89.201(694) are not satisfied, the department may issue a missing person alert or a missing child alert.
These rules are intended to implement Iowa Code chapter 694.
[Filed emergency 6/28/85—published 7/17/85, effective 7/1/85]
[Filed 1/10/86, Notice 7/17/85—published 1/29/86, effective 3/6/86]
[Filed 4/1/88, Notice 9/23/87—published 4/20/88, effective 5/25/88]
[Filed 4/13/90, Notice 12/13/89—published 5/2/90, effective 6/10/90]
[Filed 11/2/06, Notice 9/27/06—published 11/22/06, effective 1/1/07]