---
kind: "section"
citation: "34 U.S.C. § 41308"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "41308"
heading: "State requirements for reporting missing children"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/41308"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 413 — Crime Reports and Statistics"
---

# §41308. State requirements for reporting missing children


Each [State](/usc/34/40104.md?p=11) reporting under the provisions of this section and [section 41307 of this title](/usc/34/41307.md) shall—

- (1) ensure that no law enforcement agency within the [State](/usc/34/40104.md?p=11) establishes or maintains any policy that requires the observance of any waiting period before accepting a missing [child](/usc/34/40104.md?p=2) or unidentified person report;
- (2) ensure that no law enforcement agency within the [State](/usc/34/40104.md?p=11) establishes or maintains any policy that requires the removal of a missing person entry from its [State](/usc/34/40104.md?p=11) law enforcement system, the National Crime Information Center computer database, or the NamUs databases based solely on the age of the person;
- (3) provide that each such report and all necessary and available information, which, with respect to each missing [child](/usc/34/40104.md?p=2) report, shall include—
  - (A) the name, date of birth, sex, race, height, weight, and eye and hair color of the [child](/usc/34/40104.md?p=2);
  - (B) a recent photograph of the [child](/usc/34/40104.md?p=2), if available;
  - (C) the date and location of the last known contact with the [child](/usc/34/40104.md?p=2); and
  - (D) the category under which the [child](/usc/34/40104.md?p=2) is reported missing;

  is entered within 2 hours of receipt into the [State](/usc/34/40104.md?p=11) law enforcement system, the National Crime Information Center computer networks, and the NamUs databases and made available to the Missing Children Information Clearinghouse within the [State](/usc/34/40104.md?p=11) or other agency designated within the [State](/usc/34/40104.md?p=11) to receive such reports; and

- (4) provide that after receiving reports as provided in [paragraph (3)](#3), the law enforcement agency that entered the report into the National Crime Information Center or the NamUs databases shall—
  - (A) no later than 30 days after the original entry of the record into the [State](/usc/34/40104.md?p=11) law enforcement system, National Crime Information Center computer networks, and the NamUs databases, verify and update such record with any additional information, including, where available, medical and dental records and a photograph taken during the previous 180 days;
  - (B) institute or assist with appropriate search and investigative procedures;
  - (C) notify the National Center for Missing and Exploited Children of each report received relating to a [child](/usc/34/40104.md?p=2) reported missing from a foster care family home or childcare institution;
  - (D) maintain close liaison with [State](/usc/34/40104.md?p=11) and local [child](/usc/34/40104.md?p=2) welfare systems and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases; and
  - (E) grant permission to the National Crime Information Center Terminal Contractor for the [State](/usc/34/40104.md?p=11) to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person.

## Source credit

(Pub. L. 101–647, title XXXVII, § 3702, Nov. 29, 1990, 104 Stat. 4967; Pub. L. 109–248, title I, § 154(a), July 27, 2006, 120 Stat. 611; Pub. L. 114–22, title I, § 116(b), May 29, 2015, 129 Stat. 244; Pub. L. 117–327, § 2(c)(2), Dec. 27, 2022, 136 Stat. 4455.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 5780 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2022—Par. (2). Pub. L. 117–327, § 2(c)(2)(A), substituted “, the National Crime Information Center computer database, or the NamUs databases” for “or the National Crime Information Center computer database”.

Par. (3). Pub. L. 117–327, § 2(c)(2)(B), substituted “, the National Crime Information Center computer networks, and the NamUs databases” for “and the National Crime Information Center computer networks” in concluding provisions.

2022—Par. (4). Pub. L. 117–327, § 2(c)(2)(C)(i), inserted “or the NamUs databases” after “National Crime Information Center” in introductory provisions.

Par. (4)(A). Pub. L. 117–327, § 2(c)(2)(C)(ii), substituted “, National Crime Information Center computer networks, and the NamUs databases” for “and National Crime Information Center computer networks”.

2015—Par. (2). Pub. L. 114–22, § 116(b)(1), struck out “and” at end.

Par. (3)(B) to (D). Pub. L. 114–22, § 116(b)(2), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

Par. (4). Pub. L. 114–22, § 116(b)(3)(A), substituted “paragraph (3)” for “paragraph (2)” in introductory provisions.

Par. (4)(A). Pub. L. 114–22, § 116(b)(3)(B), substituted “30 days” for “60 days” and inserted “and a photograph taken during the previous 180 days” after “dental records”.

Par. (4)(B), (C). Pub. L. 114–22, § 116(b)(3)(C), (E), struck out “and” at end of subpar. (B) and added subpar. (C). Former subpar. (C) redesignated (D).

Par. (4)(D). Pub. L. 114–22, § 116(b)(3)(F), inserted “State and local child welfare systems and” before “the National Center for Missing and Exploited Children” and substituted “; and” for period at end.

Pub. L. 114–22, § 116(b)(3)(D), redesignated subpar. (C) as (D).

Par. (4)(E). Pub. L. 114–22, § 116(b)(3)(G), added subpar. (E).

2006—Pub. L. 109–248 added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and substituted “within 2 hours of receipt” for “immediately” in concluding provisions of par. (3).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2022 Amendment

Amendment by Pub. L. 117–327 applicable with respect to reports made before, on, or after Dec. 27, 2022, see section 40506(c)(3) of this title.