64.02.010 Definitions

The terms used below shall the following meanings:

(a) "Missing Child" means any person under the age of 18 years whose whereabouts are unknown to the person's parents or guardians as defined under 34 U.S.C.A. § 11292.

(b) "Missing Adult" means any person identified as missing, certified, or known to be mentally incompetent and whose whereabouts are unknown to his or her custodial parent, guardian, or responsible party, or who disappeared under circumstances that would indicate the person did not disappear voluntarily or may be in danger.

(c) "DNA" means deoxyribonucleic acid from a human biological specimen.

(d) "Endangered" means that a law enforcement official has received sufficient evidence that the missing person is at risk of physical injury or death. The following circumstances indicate that a missing person is at risk of physical injury or death:

• the person is missing as a result of a confirmed abduction or under circumstances that indicate that the person's disappearance was not voluntary;
• the person is missing under known dangerous circumstances;
• the person is missing more than 30 days;
• the person is under the age of 21 and at least one other factor in this paragraph is applicable;
• there is evidence the person needs medical attention or prescription medication such that it will have a serious adverse effect on the person's health if the person does not receive the needed care or medication;
• the person does not have a pattern of running away or disappearing;
• the person is mentally impaired;
• there is evidence that the person may have been abducted by a noncustodial parent;
• the person has been the subject of past threats or acts of violence;
• there is evidence the person is lost in the wilderness, backcountry, or outdoors, where survival is precarious and immediate and effective investigation and search and rescue efforts are critical; or
• any other factor that the TMBCI Law Enforcement Agency deems to indicate that the person may be at risk of physical injury or death, including a determination by another law enforcement agency that the person is missing and endangered.

(e) "Health care facility" means the office of a dentist or physician, or another medical facility, that has identifying data.

(f) "Identifying data" means dental or skeletal X-rays or both, and related information, previously created in the course of providing dental or medical care to an adult or child who has now been reported as missing.

(g) "Missing" means the status of a person after a law enforcement agency has received a report of a missing person, has conducted a preliminary investigation, and determined that the person cannot be located.

(h) "NCIC" means National Crime Information Center.

(i) "AMBER Alert" means "America's Missing: Broadcast Emergency Response," a nationwide public broadcast system used to notify the public about abducted children 17 years or younger that meet the criteria set under 34 U.S.C.A. §§ 20501-2.

(j) "Silver Alert" means a public notification system used to locate an individual identified as a disabled adult, vulnerable elderly adult, or a minor who has a developmental disability, reported to law enforcement as missing. Under North Dakota law, the criteria for a Silver Alert are established under N.D.C.C. §§ 50.25.2-01; 12.1-31-07; 25-01.2-01.

(k) "Ashanti Alert" means a public notification system used to locate an individual aged 17-64 years old who has been identified as missing, has a mental or physical disability or is missing under the circumstances that indicate the disappearance was not voluntary or the missing person may be in danger. The criteria for an Ashanti Alert are established under 34 U.S.C.A. § 21904.

(l) "TMBCI" means Turtle Mountain Band of Chippewa Indians Tribe as organized under its Constitution.

(m) "LEA" means the Turtle Mountain Band of Chippewa Indians Law Enforcement Agency, which includes Tribal and the United States Department of the Interior, Bureau of Indian Affairs police.

(n) "TMBCI jurisdiction" means all lands on the Turtle Mountain Indian Reservation, all public domain allotments, and to such other lands in Indian Country as defined in 18 U.S.C. § 1151(a), (b) and (c) as may be acquired by or on behalf of said Tribe and be added thereto under the laws of the United States, including all lands, air, skies above, surface and subsurface water, minerals, natural resources and any other interests therein.