AN ACT Relating to missing children; and adding new sections to chapter 13.60 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter.

(1) "Custodian" means the state registrar of vital statistics, local registrars of vital statistics, and county clerks.

(2) "Missing child" means a person seventeen years of age or younger reported to any law enforcement authority as abducted, lost, or a runaway.

(3) "Registrar" means the state registrar of vital statistics.

NEW SECTION. Sec. 2. Upon receipt of a report of a missing child, the state patrol shall notify the registrar of the disappearance and shall provide the registrar with information concerning the identity of the missing child.

If the state patrol has reason to believe that a missing child has been enrolled in a specific elementary or secondary school in this state, it shall notify the last such known school as to the disappearance.

Upon learning of the recovery of a missing child, the state patrol shall so notify the registrar and any school previously informed of the child's disappearance.

The state patrol shall by rule determine the manner and form of notices and information required by this chapter.

NEW SECTION. Sec. 3. Upon notification by the state patrol that a child 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 other custodians to likewise flag their records. Upon notification by the state patrol that the missing child has been recovered, the registrar shall remove the flag from the birth certificate record and shall notify any other previously notified custodian to remove the flag from its record.

NEW SECTION. Sec. 4. In response to any inquiry, a custodian shall not provide a copy of a birth certificate or information concerning the birth record of any child whose record is flagged pursuant to section 3 of this act except as approved by the state patrol.

(2) When a copy of the birth certificate of a child whose record has been flagged is requested in person, the custodian's personnel accepting the request shall immediately notify his or her supervisor. The person making the request shall complete a form supplying his or her name, address, telephone number, social security number, and 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. The person shall be informed that a copy of the certificate shall be mailed to him or her. 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, the 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.

(3) When a copy of the birth certificate of a child whose record has been flagged is requested in writing, the custodian's personnel receiving the request shall immediately notify his or her 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.

NEW SECTION. Sec. 5. (1) Upon notification by the state patrol 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 state patrol that the missing child has been recovered, the school shall remove the flag from the child's record.

(2) Upon enrollment of a child for the first time in a particular elementary or secondary school, the school shall notify in writing the person enrolling the child that within thirty days the person must provide either (a) a certified copy of the child's birth certificate or (b) other reliable proof of the child'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 child to comply with this subsection, the school shall notify that person in writing that, unless the person complies within ten days, the case shall be referred to the local law enforcement authority for investigation. If compliance is not obtained within the ten-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 that appears inaccurate or suspicious in form or content.

(3) Within fourteen 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 or her 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 unless the record has been flagged pursuant to subsection (1) of this section, in which case the copy shall not be forwarded and the requested school shall notify the local law enforcement authority of the request.

NEW SECTION. Sec. 6. Any local law enforcement authority notified pursuant to this chapter of the request for the birth certificate or school record of or other information concerning a missing child shall immediately notify the state patrol of such request and shall investigate the request.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 13.60 RCW.