CHAPTER 18. REPORTS OF MISSING ENDANGERED ADULTS
IC 12-10-18
Chapter 18. Reports of Missing Endangered Adults
IC 12-10-18-0.5
Missing endangered adult as high risk missing person
Sec. 0.5. A missing endangered adult is a high risk missing person
under IC 5-2-17. A law enforcement agency receiving a report of a
missing adult shall follow the procedures in IC 5-2-17 in addition to
the procedures described in this chapter.
As added by P.L.92-2007, SEC.2.
IC 12-10-18-1
Notification and investigative report
Sec. 1. (a) A law enforcement agency that receives a notification
concerning a missing endangered adult from:
(1) the missing endangered adult's:
(A) guardian;
(B) custodian; or
(C) guardian ad litem; or
(2) an individual who:
(A) provides the missing endangered adult with home health
aid services;
(B) possesses a health care power of attorney for the missing
endangered adult; or
(C) has evidence that the missing endangered adult has a
condition that may prevent the missing endangered adult
from returning home without assistance;
shall prepare an investigative report on the missing endangered adult,
if based on the notification, the law enforcement agency has reason
to believe that an endangered adult is missing.
(b) The investigative report described in subsection (a) may
include the following:
(1) Relevant information obtained from the notification
concerning the missing endangered adult, including the
following:
(A) A physical description of the missing endangered adult.
(B) The date, time, and place that the missing endangered
adult was last seen.
(C) The missing endangered adult's address.
(2) Information gathered by a preliminary investigation, if one
was made.
(3) A statement by the law enforcement officer in charge setting
forth that officer's assessment of the case based upon the
evidence and information received.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-2
Investigative report prepared within five hours
Sec. 2. The law enforcement agency shall prepare the
investigative report described by section 1 of this chapter as soon as
practicable, and if possible not later than five (5) hours after the law
enforcement agency receives notification of a missing endangered
adult.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-3
Public notification
Sec. 3. (a) Upon completion of the report described by section 1
of this chapter, if the law enforcement agency has reason to believe
that public notification may assist in locating the missing endangered
adult, the law enforcement agency may immediately forward the
contents of the report to:
(1) all law enforcement agencies that have jurisdiction in the
location where the missing endangered adult lives and all law
enforcement agencies that have jurisdiction in the location
where the missing endangered adult was last seen;
(2) all law enforcement agencies to which the person who made
the notification concerning the missing endangered adult
requests the report be sent, if the law enforcement agency
determines that the request is reasonable in light of the
information received;
(3) all law enforcement agencies that request a copy of the
report;
(4) one (1) or more broadcasters that broadcast in an area where
the missing endangered adult may be located;
(5) the Indiana data and communication system (IDACS);
(6) the National Crime Information Center's Missing Person
File, if appropriate; and
(7) the Indiana clearinghouse for information on children and
missing endangered adults established by IC 10-13-5-5, to
disseminate information concerning the missing endangered
adult to be broadcast as part of the silver alert program.
(b) Upon completion of the report described by section 1 of this
chapter, a law enforcement agency may forward a copy of the
contents of the report to one (1) or more newspapers distributed in an
area where the missing endangered adult may be located.
(c) After forwarding the contents of the report to a broadcaster or
newspaper under this section, the law enforcement agency may
request that the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medical
alert; and
(2) broadcast or publish:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist in
locating the missing endangered adult.
(d) A broadcaster or newspaper that receives a request concerning
a missing endangered adult under subsection (c) may, at the
discretion of the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medical
alert; and
(2) broadcast or publish:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist in
locating the missing endangered adult.
As added by P.L.140-2005, SEC.3. Amended by P.L.43-2009,
SEC.12.
IC 12-10-18-4
Law enforcement agency investigation
Sec. 4. A law enforcement agency may begin an investigation
concerning a missing endangered adult as soon as possible after
receiving notification of the missing endangered adult.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-5
Notification of law enforcement agency if missing endangered adult
found
Sec. 5. An individual described in section 1(a)(1) or 1(a)(2) of this
chapter who notifies a law enforcement agency concerning a missing
endangered adult shall notify the law enforcement agency when the
missing endangered adult is found.
As added by P.L.140-2005, SEC.3.
IC 12-10-18-6
Broadcaster and newspaper civil immunity
Sec. 6. (a) A broadcaster or newspaper that receives a report of a
missing endangered adult from a law enforcement agency under
section 3 of this chapter is immune from civil liability for an act or
omission related to:
(1) the broadcast or publication of information contained in the
report, including:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist in
locating the missing endangered adult; or
(2) the decision of the broadcaster or newspaper not to
broadcast or publish information contained in the report.
(b) The civil immunity described in subsection (a) does not apply
to an act or omission that constitutes gross negligence or willful,
wanton, or intentional misconduct.
As added by P.L.140-2005, SEC.3.