(Revision. 7/10/23)
AS 47.10.141 Runaway and Missing Minor
AS 47.10.142 Emergency Custody and Temporary Placement Hearing
7 AAC 54.060 Disclosure of Information to a Parent of a Child
To develop procedures around runaway and missing minors as well as identifying those that are at risk, or have been a victim of Sex Trafficking. Creating reporting procedures for those that have been identified as sex trafficking victims.
States must develop and implement plans to expeditiously locate any child missing from foster care; determine the primary factors that contribute to the child’s running away or being absent from foster care; determine the child’s experiences while absent from foster care, including screening whether the child was a victim of sex trafficking; and related information required by HHS. For any child or youth over whom the State agency has responsibility for placement, care, or supervision and who the State has reasonable cause to believe is, or is at risk of being, a sex trafficking victim (including children for whom a State child welfare agency has an open case file but who have not been removed from the home, children who have run away from foster care and who have not attained 18 years of age and youth who are not in foster care but are receiving services. The State agency shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, and to the National Center for Missing and Exploited Children.
The State agency shall maintain regular communication with law enforcement agencies and NCMEC in efforts to provide a safe recovery of a missing or abducted child or youth, including by sharing information pertaining to the child’s or youth’s recovery and circumstances related to the recovery, and that the State report submitted to law enforcement agencies and NCMEC shall include where reasonably possible
a photo of the missing or abducted child or youth;
a description of the child’s or youth’s physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and
endangerment information, such as the child’s or youth’s pregnancy status, prescription medications, suicidal tendencies, vulnerability to being sex trafficked, and other health or risk factors.
A law enforcement agency shall make reasonable efforts to locate the minor and shall immediately complete a missing person’s report containing information necessary for the identification of the minor. As soon as practicable, but not later than 24 hours after completing the report, the agency shall transmit the report for entry into the Alaska Public Safety Information Network and the National Crime Information Center computer system.
A minor may be taken into emergency protective custody by a peace officer and placed into temporary detention in a juvenile detention home in the local community if there has been an order issued by a court under a finding of probable cause that (1) the minor is a runaway in willful violation of a valid court order issued under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) or (3), or 47.12.250(d),
A minor taken into emergency protective custody under this subsection may not be detained for more than 24 hours, except as provided under AS 47.12.250. Emergency protective custody may not include placement of a minor in a jail or secure facility other than a juvenile detention home, nor may an order for protective custody be enforced against a minor who is residing in a licensed program for runaway minors, as defined in AS 47.10.390.
As soon as possible, at least within 12 hours of being notified that a child in the department's custody has run away from division authorized or court ordered placement, the Protective Services Specialist (PSS) will take steps to locate and return the child to the authorized placement or other designated place of safety.
OCS will report to Law Enforcement for entry into the NCIC within 24 hours of being notified that the child is has runaway from care. A runaway minor is a child who willfully leaves the residence of a parent or guardian without the permission of the parent, caregiver, or guardian.
OCS will report missing, abducted minors and victims of sex trafficking to law enforcement NCIC and the NCMEC databases within 24 hours of being notified. A missing minor is defined as an individual less than 18 years of age whose whereabouts are unknown to such individual's legal custodian.
OCS will maintain regular communication with law enforcement and NCMEC in efforts to provide a safe recovery of the minor, including sharing information pertaining to the recovery and circumstances of the minor related to the recovery. OCS will provide law enforcement and NCMEC with:
a photo of the missing or abducted child or youth;
a description of the child’s or youth’s physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and
endangerment information, such as the child’s or youth’s pregnancy status, prescription medications, suicidal tendencies, vulnerability to being sex trafficked, and other health or risk factors.
A minor taken into emergency protective custody under AS 47.10.141 may not be detained for more than 24 hours.
A minor who has been reported as missing, but is not in violation of a court order or otherwise subject to arrest or detention, may not be detained in a detention facility. When picked up by law enforcement, the minor is taken either to an OCS office or to a designated location.
For any minor who is not receiving services from the department. Assessments will be conducted according to intake policies and procedures regarding runaway children who are referred, or seek services themselves, for allegations of abuse or neglect. If no child protection issues exist which prevent the minor’s return to the legal custodian, division staff, if available, may attempt the reunite the minor with the primary caregiver. Services will be provided as appropriate and necessary, but custody may not be assumed solely on the basis of either the minor's refusal to return home or the parent's refusal to provide care.
If division resources are not available and a request to locate has been filed, the division will refer the minor to local law enforcement for response. If a request to locate has not been filed, the minor may be referred to an agency providing services for runaways. At the second occasion that a runaway minor, who has been taken into protective custody by a peace officer and taken to a semi-secure placement by the officer, leaves the semi-secure placement without permission, the division is notified. Division staff will determine whether a Child In Need Of Aid petition will be filed.