CHAPTER 89MISSING PERSONS[Prior to 11/22/06, see 661—Ch 19]66189.1 Reserved.66189.2 Reserved.66189.3 Reserved.66189.4 Reserved.66189.5 Reserved.66189.6 Reserved.66189.7 Reserved.66189.8 Reserved.66189.9 Reserved.66189.10 Reserved.66189.11 Reserved.66189.12 Reserved.66189.13 Reserved.66189.14 Reserved.66189.15 Reserved.66189.16 Reserved.66189.17 Reserved.66189.18 Reserved.66189.19 Reserved.66189.20 Reserved.66189.21 Reserved.66189.22 Reserved.66189.23 Reserved.66189.24 Reserved.66189.25 Reserved.66189.26 Reserved.66189.27 Reserved.66189.28 Reserved.66189.29 Reserved.66189.30 Reserved.66189.31 Reserved.66189.32 Reserved.66189.33 Reserved.66189.34 Reserved.66189.35 Reserved.66189.36 Reserved.66189.37 Reserved.66189.38 Reserved.66189.39 Reserved.66189.40 Reserved.66189.41 Reserved.66189.42 Reserved.66189.43 Reserved.66189.44 Reserved.66189.45 Reserved.66189.46 Reserved.66189.47 Reserved.66189.48 Reserved.66189.49 Reserved.66189.50 Reserved.66189.51 Reserved.66189.52 Reserved.66189.53 Reserved.66189.54 Reserved.66189.55 Reserved.66189.56 Reserved.66189.57 Reserved.66189.58 Reserved.66189.59 Reserved.66189.60 Reserved.66189.61 Reserved.66189.62 Reserved.66189.63 Reserved.66189.64 Reserved.66189.65 Reserved.66189.66 Reserved.66189.67 Reserved.66189.68 Reserved.66189.69 Reserved.66189.70 Reserved.66189.71 Reserved.66189.72 Reserved.66189.73 Reserved.66189.74 Reserved.66189.75 Reserved.66189.76 Reserved.66189.77 Reserved.66189.78 Reserved.66189.79 Reserved.66189.80 Reserved.66189.81 Reserved.66189.82 Reserved.66189.83 Reserved.66189.84 Reserved.66189.85 Reserved.66189.86 Reserved.66189.87 Reserved.66189.88 Reserved.66189.89 Reserved.66189.90 Reserved.66189.91 Reserved.66189.92 Reserved.66189.93 Reserved.66189.94 Reserved.66189.95 Reserved.66189.96 Reserved.66189.97 Reserved.66189.98 Reserved.66189.99 Reserved.DIVISION IMISSING PERSON INFORMATION CLEARINGHOUSE66189.100(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.66189.101(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, State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319. Inquiries by electronic mail should be addressed to mpicinfo@dps.state.ia.us.66189.102(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:
- Is physically or mentally disabled.
- Is missing under circumstances indicating that the missing person may be in danger.
- Is missing under circumstances indicating that the missing person’s disappearance was not voluntary.
- 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" "registry" means a list of prevention and education materials and programs approved by the department.
66189.103(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 website 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.66189.104(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.66189.105(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.66189.106(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 website. 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 website.Note: The website of the missing person information clearinghouse is www.iowaonline.state.ia.us/mpic. 89.106(2) Each week the clearinghouse shall produce, update, and publish public service announcements on the clearinghouse website. 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 website.66189.107(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 694.10.66189.108 Reserved.66189.109 Reserved.66189.110 Reserved.66189.111 Reserved.66189.112 Reserved.66189.113 Reserved.66189.114 Reserved.66189.115 Reserved.66189.116 Reserved.66189.117 Reserved.66189.118 Reserved.66189.119 Reserved.66189.120 Reserved.66189.121 Reserved.66189.122 Reserved.66189.123 Reserved.66189.124 Reserved.66189.125 Reserved.66189.126 Reserved.66189.127 Reserved.66189.128 Reserved.66189.129 Reserved.66189.130 Reserved.66189.131 Reserved.66189.132 Reserved.66189.133 Reserved.66189.134 Reserved.66189.135 Reserved.66189.136 Reserved.66189.137 Reserved.66189.138 Reserved.66189.139 Reserved.66189.140 Reserved.66189.141 Reserved.66189.142 Reserved.66189.143 Reserved.66189.144 Reserved.66189.145 Reserved.66189.146 Reserved.66189.147 Reserved.66189.148 Reserved.66189.149 Reserved.66189.150 Reserved.66189.151 Reserved.66189.152 Reserved.66189.153 Reserved.66189.154 Reserved.66189.155 Reserved.66189.156 Reserved.66189.157 Reserved.66189.158 Reserved.66189.159 Reserved.66189.160 Reserved.66189.161 Reserved.66189.162 Reserved.66189.163 Reserved.66189.164 Reserved.66189.165 Reserved.66189.166 Reserved.66189.167 Reserved.66189.168 Reserved.66189.169 Reserved.66189.170 Reserved.66189.171 Reserved.66189.172 Reserved.66189.173 Reserved.66189.174 Reserved.66189.175 Reserved.66189.176 Reserved.66189.177 Reserved.66189.178 Reserved.66189.179 Reserved.66189.180 Reserved.66189.181 Reserved.66189.182 Reserved.66189.183 Reserved.66189.184 Reserved.66189.185 Reserved.66189.186 Reserved.66189.187 Reserved.66189.188 Reserved.66189.189 Reserved.66189.190 Reserved.66189.191 Reserved.66189.192 Reserved.66189.193 Reserved.66189.194 Reserved.66189.195 Reserved.66189.196 Reserved.66189.197 Reserved.66189.198 Reserved.66189.199 Reserved.DIVISION IIAMBER ALERT PROGRAM66189.200(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.66189.201(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:- 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.
- The person who has been abducted is under the age of 18.
- Law enforcement believes the circumstances surrounding the abduction indicate that the child is in danger of serious bodily injury or death.
- There is enough descriptive information about the child, abductor, or suspect’s vehicle to believe that an immediate broadcast alert will help.
"In the line of duty" "on duty" means the peace officer is working within the scope of a peace officer, or there is evidence the death or serious injury of the peace officer or the fact the peace officer is missing is related to the peace officer’s actions within the scope of a law enforcement officer.
"Serious injury" means any of the following:
Related ARC(s): 5591C66189.302(80H) Criteria for alert for officer injury or death. A blue 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 a blue alert are met: - Disabling mental illness;
- Bodily injury which does any of the following:
- Creates a substantial risk of death;
- Causes serious permanent disfigurement; or
- Causes protracted loss or impairment of the function of any bodily member or organ.
- A peace officer has suffered death or serious injury in the line of duty;
- A law enforcement agency believes that the suspect has not been apprehended;
- A law enforcement agency believes that the suspect may be a serious threat to the public;
- Sufficient descriptive information is available to disseminate to the public that could assist in locating the suspect.
- A peace officer is missing while in the line of duty under circumstances warranting concern for the peace officer’s safety;
- Sufficient descriptive information is available to disseminate to the public that could assist in locating the missing peace officer.