(a) At the time a missing child report is made, the law-enforcement agency to which the missing child report is given may, when feasible and appropriate, provide a dental record release form to the parent, custodian, health care surrogate or other legal entity authorized to release the dental records of the missing child. The law-enforcement agency shall endorse the dental record release form with a notation that a missing child report has been made in compliance with this article. When the dental record release form is properly completed by the parent, custodian, health care surrogate or other legal entity authorized to release the dental records of the missing child and contains the endorsement, the form is sufficient to permit a dentist or physician in this state to release dental records relating to the missing child to the law-enforcement agency.
(b) A circuit court judge may for good cause shown authorize the release of dental records of a missing child to a law-enforcement agency.
(c) A law-enforcement agency which receives dental records under subsection (a) or (b) of this section shall send the dental records to the clearinghouse.
(d) A dentist or physician who releases dental records to a person presenting a proper release executed or ordered pursuant to this section is immune from civil liability or criminal prosecution for the release of the dental records.
Structure West Virginia Code
Article 6. Missing Children Information Act
§49-6-101. Clearinghouse Function; State Police Requirements; Rule-Making
§49-6-102. State Department of Education; Missing Children Program; Rule-Making
§49-6-103. Information to Clearinghouse; Definitions
§49-6-104. Custodian Request for Information
§49-6-105. Missing Child Report Forms; Where Filed
§49-6-106. Missing Child Reports; Law-Enforcement Agency Requirements; Unidentified Bodies
§49-6-107. Release of Dental Records; Cause Shown; Immunity
§49-6-108. Cross-Checking and Matching
§49-6-109. Interagency Cooperation
§49-6-110. Confidentiality of Records; Rulemaking; Requirements
§49-6-111. Attorney General to Require Compliance
§49-6-112. Agencies to Receive Report; Law-Enforcement Agency Requirements
§49-6-115. Public-Private Partnerships; Funding
§49-6-116. Establish a Missing Foster Child Locator Unit Program