(1)  As used in this section:

Terms Used In Utah Code 67-5-38

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “Kit” means a fingerprint and DNA identification kit that may be used to collect and store fingerprint and DNA information.

(b)  “Program” means the Missing Child Identification Program created in this section.

(2) 

(a)  There is created the Missing Child Identification Program to be administered by the attorney general as described in this section.

(b)  The purpose of the program is to provide a kit to a parent or legal guardian of a kindergarten student, to be distributed by the student’s elementary school, which the parent or guardian may use to collect and store a child’s fingerprint and DNA information for potential use by law enforcement in the event that the child is missing.

(c)  If the Legislature does not appropriate funds specifically for the program, the attorney general may implement the program using other available appropriations.

(3) 

(a)  The attorney general shall provide kits to each Utah elementary school to be distributed to the parent or legal guardian of each student entering kindergarten in the elementary school.

(b)  The attorney general shall obtain the kits in compliance with Title 63G, Chapter 6a, Utah Procurement Code.

(c)  The kits described in Subsection (3)(a) may be delivered to an elementary school directly through the supplier of the kits.

(d)  The State Board of Education, or the State Board of Education’s designee, shall coordinate with the attorney general to determine how many kits are needed each year at each elementary school.

(e)  An elementary school that receives a supply of kits shall offer a kit to a parent or legal guardian for a student entering kindergarten at the elementary school.

(4)  The attorney general may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the program.

Enacted by Chapter 459, 2022 General Session