Senate Substitute 1 for Senate Bill 46
152nd General Assembly (Present)
Ready for Governor for action
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MISSING PERSONS.
According to the National Center for Missing and Exploited Children, an estimated 800,000 children are reported missing each year. This Act is a substitute for Senate Bill No. 46. Like Senate Bill No. 46, this Act revises this State's missing children laws to improve search efforts, increase collaboration between law enforcement agencies, and increase public information about missing children. This Act differs from Senate Bill No. 46 in that it does all of the following: (1) Removes language relating to “unemancipated minors” and instead uses the term “child”, as defined in § 302 of Title 1 of the Delaware Code, uniformly throughout Subchapter II of Chapter 85 of Title 11 of the Delaware Code. Delaware does not have emancipation of minors and anyone under the age of 18 is considered a child under our laws. (2) Includes a legal custodian as a person who can sign a dental authorization form to permit release of dental records to law-enforcement agencies. This allows the Department of Services for Children, Youth and their Families to authorize the release of dental records for any child in its legal custody. (3) Includes a legal custodian as a point of contact for law-enforcement agencies when fulfilling their duties regarding unidentified deceased persons. This allows the Department of Services for Children, Youth and their Families to be a point of contact and receive information for any child in its legal custody. (4) Removes the limitation on who may report a missing child and instead allows a child to be reported missing by any person. This enables schools, daycares, group homes, relatives, or persons caring for a child without legal authority to report a child missing from their care. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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Takes effect upon being signed into law