January 2009 Archives

How to Choose your DNA Collector?

                                                                                                                                                                                                          

DNA Testing is a dynamic and fast evolving industry.  As this industry expands and the sophistication of the clientele increases, there will be a need for DNA Collectors to differentiate themselves through quality benchmarks. 

 

As more people take a proactive role in their lives, and as antiquated paternity laws across the United States are updated, the DNA testing industry will further develop and mature and ultimately require an increased demand for certified neutral third party administrators to provide DNA collections and case management services.

                                                                                                                                                                                                             

Accrediting agencies are established to ensure high quality standards and accuracy of test results.  Except for the State of New York, which has its own formal relationship laboratory evaluation program, the DNA testing industry standard is accreditation by the AABB.  There are approximately 40 DNA laboratories accredited by the American Association of Blood Banks ("AABB").   Only those laboratories accredited by the AABB should be considered as private testing sources for legally-admissible DNA tests used as evidence in a court of law. 

 

Other differentiating accreditations your DNA collector should be able to provide are College of American Pathologists (CAP); New York State Department of Health (NYSDOH), American Society of Crime Laboratory Directors/Laboratory Accreditations Board - International (ASCLD/LAB-International), the Clinical Laboratory Improvement Amendments (CLIA) as distributed by the U.S. Department of Health and the Forensic Quality Services-International (FQS-I/ISO IEC 17025). 

                                                                                                                                                                                                             

The average consumer does not understand the difference between a Legally Admissible DNA test and a DNA test from samples collected through a home collection kit.  A legally-admissible test result requires strict chain-of-custody, from the moment a DNA sample is collected.  The DNA sample must be collected by a disinterested third party; original photo identification must be presented; personal identification information is obtained, such as social security numbers and dates of birth; and tested parties are required to sign a form consenting to the DNA test.  Diligent collectors go one step further by fingerprinting the parties involved in the DNA testing process.

                                                                                                                                                                                                             

An at home collection kit is sent to parties who wish to have a DNA test performed; however, want to remain anonymous.  The samples are collected by the tested parties or parties they designate, and no proof of identification is required.  AABB-accredited laboratories will place a disclaimer on test results derived from home collection kits, reflecting proper chain-of-custody procedures were not followed and therefore the results may not be used in a court to obtain child support or other benefits.

                                                                                                                                                                                                             

The number of genetic systems a laboratory analyzes determines the power of the test and the reliability of results.  The number of genetic systems tested by a laboratory is a significant factor when choosing a private laboratory.  Most AABB-accredited laboratories test 16 genetic systems, generally providing a probability of paternity of 99.9% or greater.

 

Non-accredited DNA laboratories have been known to test a lower number of genetic systems.  The rule of thumb in the DNA testing industry is to beware of tests results that do not provide a probability of  paternity equal to or greater than 99%.   In the State of New Jersey, if the Probability of Paternity is 95% or higher, the man tested is presumed to be the biological father.   

                                                                                                                                                                                                             

Look for an AABB-accredited laboratory that can test more than 16 genetic systems.  You may need to test additional genes for complex cases, such as situations where the alleged father could be one of two brothers, or a brother and father; or an alleged father is deceased and a family reconstruction may be appropriate. 

                                                                                                                                                                                                             

Some DNA laboratories have higher quality control measures than others.  While accreditations are important, other measures of quality should be considered as well. 

                                                                                                                                                                                                             

Here are some questions to ask when choosing a DNA collector:

 

How many genetic systems do they test?

How long has the laboratory been performing DNA identification tests?

Are their final test results reviewed by a laboratory technician or PhD?

Are their test results notarized?

How do they maintain chain-of-custody documentation?

Here are some terms and definitions used by the U.S. Customs and Immigration Services to define your status as a legal resident or U.S. citizen:

Asylum status is granted to individuals who would qualify as refugees who present their applications either at the border or within the United States. This status depends on the individual's perception of the risk of returning to his or her home country.

Deportation involves the expulsion of an alien from the United States, regardless of whether the individual entered the country legally or illegally. The most common reason for deportation is criminal conviction, but other grounds may apply.

Immigration includes the entry of persons who want to become legal, permanent residents of the United States. Immigrants base their applications on family ties, employment status, and other special categories.

Naturalization and citizenship refers to the process of becoming a permanent member of the society with corresponding ties of national allegiance. Naturalization is subject to USCIS rules. Citizenship confers a higher level of rights and responsibilities on the individual.

Visas cover a wide variety of circumstances and allow nonimmigrants to enter the country on a temporary basis. Different visas give the holder different rights, so it is important to apply for the most appropriate visa form.

Changes in world events make a certain country or region of the world much more dangerous than it was in the past. U.S. immigration laws deal with these changes by granting temporary protected status (TPS) to aliens residing in the United States who are due to leave the country for unstable areas. Under the TPS provisions, the Attorney General may designate a country or region as too dangerous for individuals to return. The area must experience at least one of three conditions prior to a grant of TPS:

• ongoing war or armed conflict posing a threat to returning aliens,
• natural environmental disasters making the area unable to handle the return of any aliens, or
• other extraordinary and temporary conditions preventing safe return.

TPS is a limited status; aliens do not gain additional rights by qualifying for a longer stay under TPS conditions. Resident aliens must apply for TPS treatment even if exclusion or deportation proceedings were underway when the Attorney General chose a TPS region. The Attorney General's decision is final and not subject to review by any court. Aliens interested in availing themselves of TPS designations should seek immediate legal assistance to avoid return to an unsafe area.

 

Immigrants to the US will often find they are required to have a DNA test in order to prove their relationship to their sponsor. It will likely be necessary to prove that they are related to the sponsor in the way that they claim.

It is very important to use a laboratory that has the knowledge and skill to handle your test. Clients are typically referred to the AABB list of accredited laboratories. Many of the laboratories on the list do not have adequate genetic loci to complete difficult immigration cases, and many do not have knowledgeable staff members that are experienced in dealing with various U.S. Embassies. 

It is very beneficial to deal with a laboratory with a great deal of Immigration experience. Our laboratory has relationships with US Embassies all over the world and has handled thousands of Immigration cases. Some Embassies prefer to work with DNASOA and direct their Immigration clients to DNASOA.

It is important for a laboratory that performs relationship testing for Immigration to have a large number of powerful identity markers available. DNASOA not only has a large number of genetic markers available but is one of only two or three laboratories in the country that has RFLP markers available.

When your Immigration test is completed with DNASOA  there are no additional fees even if extensive testing is required. It is all part of the initial fee.

When you have a test for immigration purposes you must be truthful about the relationship of those involved in the test. If you are not truthful with the laboratory, then you are very likely to obtain an exclusion. That will likely interfere with the ability of the person to immigrate to the US as all results of our tests are submitted directly to either the U.S. Embassy or the U.S. Customs and Immigration offices or the National Visa Center.

The relationship that matters for a genetic test is the biological relationship, not the personal relationship. It does not matter if a person was raised as your child or as your sibling. What matters for a genetic test is their biological relationship to you. If your parents raised your cousin as their child, the biological relationship between you and that person is still cousin. You may be brothers as far as you are concerned, but the genetic test will determine that you are not brothers. Please be sure that you are reporting the correct biological relationship to the immigration authorities so that you will not have an unpleasant surprise when you receive the results of your genetic test.

This can be especially hard for mothers to understand. Even if you raised the baby from the day that it was born, if you did not give birth to the baby then your genetic test will not show you as the biological mother. Your relationship to the child is mother, but biologically, you are not the mother.

DNASOA has the experience and technology to provide an excellent Immigration testing service. Your genetic testing case will be handled quickly and efficiently by one case manager.  You can call us anytime during the process to establish status of your DNA test.

The paternity test results will show the allele (see DNA Dictionary for explanation of allele) size for the parties who participated in the test.  When mother, alleged father and child are included in the DNA paternity test, the alleles that the child received from the biological father (called the obligate paternal alleles) can be determined by subtracting the mother's contribution to the child's DNA.  If the alleged father does not have the obligate paternal alleles at three or more loci, he is excluded as the biological father of the child.  If only a child and alleged father are tested, and they do not share any common alleles at three or more loci, the alleged father is also excluded.  When the alleged father contains the obligate paternal alleles at the loci tested, then he is not excluded as the biological father of the child. 

There are cases, where test results show a non-match for one or two loci.  This may indicate mutations which will require additional analysis but it may also indicate that a close biological relative of the tested alleged father (such as a brother, father or son) may actually be the biological father of the child.  Additional calculations can be performed to help address this possibility.  However, it is best to have all possible alleged fathers tested to establish the true biological father.  DNA testing facilities can offer you Paternity Testing with additional samples prices so that anyone thought to be the alleged father can be tested.  Talk to your local DNA expert about the circumstances of your case, so that discretion is used during the actual collection.

The final results will indicate the Probability of Paternity expressed as a percentage.  This percentage is called Paternity Index (PI).  The PI is calculated  using a "prior probability of paternity" of 0.5 in the calculation  This prior probability is a neutral value (without bias) that assumes the alleged father is as equally likely to be as he is not to be the child's biological father.  A DNA test results iwth 0% PI means that the alleged father is excluded, or cannot be the biological father.  A PI of 99% and above means that the alleged father is most likely the biological father.   

Whether you are planning to become one of the 6 million American women who become pregnant each year or you are already pregnant, the healthy choices you make before, during and after your pregnancy can have lasting, positive affects on you and your unborn child.  Today's technology allows for couples to plan more effectively for pregnancies, however, if you find yourself pregnant here are some steps to help ensure a safe delivery and healthy baby:

See a doctor for a pre-pregnancy exam
Stop Smoking.  Your doctor can help you find the best method for you to use to quit.
Eat a healthy, balanced diet.
Minimize caffeine intake.  Caffeine can impair fertility and increase the risk for miscarriage and low birth weight.
Exercise regularly - talk to you doctor on the best exercises for you
Get adequate sleep
Reduce Stress
Gain or lose weight, if necessary.  It is best to begin your pregnancy at a healthy weight.
Drink plenty of fluids, like fruit juice, milk or water instead of soda and coffee.  Drink skim milk or eat low fat cheese or yogurt.
Talk with your doctor to make sure you are getting enough folate
Avoid Alcohol. 

As soon as you suspect you're pregnant, make an appointment to see a doctor, who will give you advice about diet, prenatal vitamins, exercise and other issues that may affect you and your baby, and help prevent or treat pregnancy related complications.

If you are unsure of the father of your unborn child, and you want to have a father involved in the care taking of your unborn child, you can request a Pre-Natal Paternity test.  In many cases, due to the age or genetic predisposition of the mother and alleged father, your doctor may recommend an amniocentesis or chorionic villi sampling to determine if there are any other complications.  At the same time either of these tests are performed, you can schedule a Pre-Natal Paternity Test with your local DNA Services of America.

A prenatal paternity test is completed by taking an oral swab of the mother, the alleged father and either a sample from the amniocentesis or cultured cells from the chorionic villi.  There is no additional risk to the mother or unborn child to have a prenatal paternity test scheduled.  Knowing the father of your child in advance, allows you to plan in advance for hospital and state paperwork, health benefits, visitation and other details that happen so quickly after the baby is born.  Having one more detail, already taken care of relieves the stress from this eventful time in new parents' lives and provides a strong foundation on which both families can begin to bond with the new child.  
 

(Please see The DNA Lady's Dictionary for a definition of Haplogroups)

Through DNA Analysis of select male populations in the world, scientists have devised a genetic classification system for the over three billion males in the world.  Each male individual in the world can be placed into one of eighteen genetic classifications or Y haplogroups, based on their DNA composition.  Each Y haplogroup is defined by rare DNA mutations on the Y chromosome called SNPs, or single nucleotide polymorphisms.  Any two men sharing a particular SNP in their DNA, inherited it from a common male ancestor who lived many thousands of years ago.

Following is a brief description of the eighteen different Haplogroups identified in current Ancestry and Heritage testing - find out which haplogroup you belong to and and who you share a common ancestry with - are you related to Maria Antoinette, Ghengis Khan, or the Great Irish kings?

Haplogroup A
First appeared 55,000 years ago and is considered the oldest of all Y haplogroups and a direct genetic link to early man.  This haplogroup is found almost exclusively in Africa with a wide distribution, but low to moderate frequency.  Haplogroup A has been found in the San Bushman, Kung, Khwe, Hadza, Malians, Sudanese and Ethiopians of the African continent.

Haplogroup B
Another of the older Y haplogroups, Haplogroup B is found almost exclusively in Africa, although it has been detected rarely in Pakistani people.  It occurs at low frequency throughout most of Africa, with its highest frequency occurring in Pygmy populations.

Haplogoup C
This haplogroup C first appeared approximately 50,000 years ago.  Since the mutations that define this haplogroup have not been observed in African populations, it is believed that this haplogroup arose somewhere in Asia.  Haplogroup C defines a great coastal migration of man, tracing an arc along the Southern Arabian Peninsula through India, Southeast Asia and Australia.  Later descendants of this group migrated to North Eastern Asia and finally reached North America approximately 6,000 to 8,000 years ago.

Haplogroup D
This group first appeared approximately 50,000 years ago and likely accompanied the people of Haplogroup C on their great coastal migration through the Southern Arabian Peninsula, India,  southeast Asia and ultimately Australia.  In modern times, this haplogroup appears along the ancient migration route in the Andaman Islands and Southeast Asia, although not in India.  This haplogroup occurs at a high frequency among Tibetan and the Yao populations.

Haplogroup E
Haplogroup E consists of three main branches.  Two of the three branches, E1 and E2, are found almost exclusively in Africa, while the third, E3 has also been observed in Europe and in Western Asia where it has been found at frequencies of 25% of less.  It is currently believed that the E3a haplogroup migrated south from north Africa with the Bantu agricultural expansion with the last 3,000 years.  As a result of its predominance in West Africa, most African Americans belong to this haplogroup.  The E3b haplogroup, on the other hand, is believed to have evolved in the Middle East and migrated into the Mediterranean during the Pleistocene Neolithic expansion. 

Haplogroup F
Haplogroup F is defined by at least three mutations and is the root of haplogroups G through R.  It is believed that haplogroup F evolved outside of Africa during the early migrations of modern humans approximately 30,000 to 40,00  years ago.

Haplogroup G
Haplogroup G is a rare lineage thought to have originated approximately 10,000 to 20,000 years ago along the eastern edge of the Middle East in India or Pakistan.  This haplogroup is dispersed throughout Central Asia, Europe and the Middle East.  The G2 branch of this lineage is found most often in Europe and the Middle East.

Haplogroup H
Haplogroup H is almost completed restricted to India, Sri Lanka and Pakistan.  It is estimated the H Haplogroup occurs at a frequency up to 50% in most Roma (Gypsy) groups.

Haplogroup I
Haplogroup I is believed to have descended from the Gravettian culture which arrived in Europe from the Middle East 20,000 to 25,000 years ago, prior to the last ice age.  On average, haplogroup I accounts for 18% of the total paternal lines in Europe and reaches frequencies of 40 - 50% in the Nordic populations of Scandinavia and in Southern Europe near the Dinaric Alps.  Haplogroup I, often referred to as the Viking haplogroup, is also found in parts of Ireland, Scotland and England, where it is thought to have descended from Viking invaders.

Haplogroup J
This group contains two primary branches, J1 and J2, and is most commonly found in the Middle East, North Africa and Ethiopia.  Genetic statistics indicate that this haplogroup originated in the Middle East and was carried outward to Europe, Central Asia, India and Pakistan by Middle Eastern traders about 7,000 to 9,000 years ago.  It is believed that this group descended from men of the F haplogroup that arrived 45,000 - 50,000 years ago.

Haplogroup K
Haplogroup K first appeared approximately 40,000 years ago in Iran or South Central Asia and spawned the so called Eurasian clan.  The majority of the populations living in the Northern hemisphere are decedents of this haplogroup which is characterized as a super haplogroup, incorporating haplogroups L through R.

Haplogroup L
Haplogroup L is seen in the greatest frequency in Southwest Asia, with some frequencies as high as 25%.

Haplogroup M
Haplogroup M occurs with high frequency in peoples of the Iran Jaya Highlands, Papua New Guinea Highlands and New Britain.  It also occurs among Western Samoa populations, however with less frequency.

Haplogroup N
This group is distributed throughout Northern Eurasia from Europe to the Pacific and is shared by Caucasoids and Mongoloids.  It is closely related to haplogroup O, which is found in Mongoloids.  It is the most common haplogroups found in Uralic speakers (Finns and Hungarians).  This haplogroup most likely originated in Northern China or Mongolia and then spread into Siberia where it became a very common line in Western Siberia.  In one Siberian study, haplogroup N occurred at a frequency of 43%.

Haplogroup O
Haplogroup O is found frequently in East Asia and is the most frequent haplogroup among the Han Chinese.  The O1 haplogroup is found at very high frequencies in the aboriginal Taiwanese.  The O2 haplogroup has two primary lines, Os1 and Os2.  The O2a line is found in the Southeast Asian populations of Malaysia, Vietnam, Indonesia and Southern China. The O2b haplogroup occurs at high frequency in Japanese and Korean populations and at low frequency in East Asian populations. 

Haplogroup P
This group is very rare in modern populations.  Although it is believed to be the ancestral line to haplogroups Q and R, it only occurs at low frequency in India, Pakistan and Central Asia.  It is most likely originated in either Central Asia or the Altai region of Siberia.

Haplogroup Q
Haplogroup Q first appeared 15,000 - 20,000 years ago and is believed to have originated in Central Asia and subsequently migrated through Northern Asia into the Americas.  This lineage is found in North and Central Asian populations as well as Native Americans and is the major lineage that links Asia and the Americas.  Haplogroup Q3 is unique among Native American populations and is estimated to have originated 8,000 to 12,000 years ago during the migration into the Americas.

Haplogroup R
This final group includes two main lineages, R1a and R1b.  Haplogroup R1a commonly occurs in Slavic populations of Eastern Europe and in populations of Central and Western Asia, India and Pakistan.  It is believed to have originated in the Kurgan culture on the Eurasian Steppes north of the Black and Caspian Seas.  The R1b haplogroup first appeared approximately 35,000 years ago and is the most frequently occurring lineage in Western European populations.  This haplogroup is a direct descendant of the Cro-Magnon people, characterized by a broad face and tall stature.  It is believed to have migrated through Europe during re-colonization after the ice age, 10,000 - 12,0000 years ago. 

Child Safety Identification

In today's society, DNA technology is so overwhelmingly consumer friendly and present in the media, one would think that DNA would be collected immediately at the notice or mention of a missing person.  According to statistics, every 26 seconds another child becomes lost or missing.  Did you know that nearly 2,000,000 American children are kidnapped, lost, missing or run away every year? 

However, in many states it is not law, or common practice for local authorities to collect DNA samples from the home, family members or personal possessions of a reported missing child or loved one until well into the event.  In fact, it was only less than one year ago that the State of New Jersey enacted Patricia's Law  which allows for the collection of a reference DNA sample, 30 days after a reported missing child or loved one, if the missing person is not considered high risk.

Many parents and legal guardians, living in the bucolic towns of New Jersey, have the "not in my town" ideology.  The routine "fingerprint and photograph day" at the local "stranger danger" seminars are considered to be enough when it comes to protecting children.   Why not take advantage of the newest technology (DNA Typing) to protect children and track/trace them in the nightmarish event of abduction or loss.   Baby boomers live in a sandwich generation, where we are taking care of children as well as our senior adults parents.  DNA Typing of an individual provides comfort knowing that if that person becomes lost or missing, you have a DNA profile available to provide to the local authorities (rather than waiting for them) to assist in their search for your missing child or loved one.

Here is a brief outline of Patricia's Law,

Introduction

 

The key points of "Patricia's Law" are as follows:

 

- A law enforcement agency shall accept without delay any report of a missing person and cannot refuse to accept such reports for any reason.

 

- Provides a detailed breakout of the specific information to be gathered and recorded by law enforcement about the missing person.

 

- After 30 days missing, ensures that a DNA reference sample is secured from the family of the missing person and forwarded to the appropriate agency for analysis and ultimately entry into CODIS (mp) , the Combined DNA Index System for Missing Persons, to check for a match.  Once the DNA profile is available, the missing persons record in the National Crime Information System (NCIC), will be updated to reflect that DNA is available.

 

- Improves the system of communication between law enforcement and the person making the report,  a family member, or any other person in a position to assist law enforcement in locating the missing person, including informing the person filing the missing persons report of the existence of two clearing houses for missing person's information.  If the person reported missing is age 17 or under, the person filing the report shall be provided with contact information for the National Center for Missing and Exploited Children.  If the person reported missing is age 18 or older, the person filing the report shall be provided with contact information for the National Center for Missing Adults. 

 

- Law enforcement shall immediately determine if the missing person is deemed "high-risk" and will take immediate action.  The NJ State Police Missing Persons Unit resources will be available as needed.

 

- The Attorney General will provide information to local law enforcement concerning best practices and protocols for handling death scene investigations.

 

- Improve procedures for handling human remains and communication with the family.

In the Northeast, we are all familiar with the  events of 911.  DNA was used to help identify the victims who were lost in the attack.  "DNA was used when other  technologies, such as the use of fingerprints, surgical scars and dental records could not be employed.  DNA helped bring closure to countless families who suffered the loss of loved ones and might not have otherwise been able to find the closure they so desperately needed."  (Source:  Sara Kugler, DNA Identifies Trade Center Victims, October 24, 2001 (Associated Press)

SENATE, No. 2255
STATE OF NEW JERSEY
212th LEGISLATURE
INTRODUCED OCTOBER 16, 2006
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
"Patricia's Law;" model Missing Persons Legislation.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on June
18, 2007, with amendments.
S2255 [2R] WEINBERG
2
EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1Senate SLP committee amendments adopted February 26, 2007.
2Senate SBA committee amendments adopted June 18, 2007.
AN ACT concerning missing 1 persons, designating the act as
2 "Patricia's Law," and supplementing Title 52 of the Revised
3 Statutes.
4
5 BE IT ENACTED by the Senate and General Assembly of the State
6 of New Jersey:
7
8 1. As used in this act:
19 "High risk missing person" means a person whose whereabouts
are not currently known and the circumstances 210 [indicate] of the
person's disappearance suggest2 11 that the person may be at
2imminent or likely2 12 risk of injury or death. The circumstances that
indicate that a person is a 2[high-risk] high risk2 13 missing person
14 shall include, but not be limited to:
a. the person is missing as a result of a 2[stranger] confirmed2 15
abduction 216 [;
b. the person is missing under suspicious] or under2 17
circumstances 218 that indicate that the person's disappearance was not
voluntary2 19 ;
220 [c. the person is missing under unknown circumstances;
d.] b.2 21 the person is missing under known dangerous
22 circumstances;
2[e.] c.2 23 The person is missing more than 30 days;
224 [f. the person has already been designated as a high-risk
25 missing person by another law enforcement agency;
g.] d.2 26 there is evidence that the person is at risk because:
(1) the person missing is in need of medical attention 2[,]2 27 or
prescription medication 228 such that it will have a serious adverse
29 effect on the person's health if he or she does not receive the
needed care or medication2 30 ;
31 (2) the person missing does not have a pattern of running away
32 or disappearing;
33 (3) the person missing may have been abducted by a non34
custodial parent;
35 (4) the person missing is mentally impaired;
(5) the person missing is a person 2over the age of 13 and2 36
under the age of 21 years 2and any other risk factor is known2 37 or
38 (6) the person missing has been the subject of past threats or
acts of violence 2[.]2 39 ; and
2[h. ] e.2 40 any other factor that may indicate, in the judgment
of the 2[chief of the] lead2 law enforcement agency, 241 [receiving
the missing person report,]2 that the missing person may be at risk.1 42
S2255 [2R] WEINBERG
3
"Law enforcement agency" 1 means a department, division,
bureau, commission, board 2,2 2 or other authority of the State or of
3 any political subdivision thereof which employs law enforcement
4 officers.
5 "Law enforcement officer" means a person whose public duties
6 include the power to act as an officer for the detection,
apprehension, arrest 2, 2 7 and conviction of offenders against the
8 laws of this State.
29 "Lead law enforcement agency" means the law enforcement
10 agency with primary responsibility for investigating a missing
11 person case.
12 "Missing child" means a person 13 years of age or younger
13 whose whereabouts are not currently known.
14 "Missing Persons Unit" means the Missing Persons Unit in the
15 Division of State Police in the Department of Law and Public
16 Safety established pursuant to section 2 of P.L.1983, c.467
(C.52:17B-9.7).2 17
18
2. 2a.2 19 A law enforcement agency shall accept without delay
20 any report of a missing person. No law enforcement agency may
21 refuse to accept a missing person report on the basis that:
2[a.] (1)2 22 The missing person is an adult;
2[b.] (2)2 23 The circumstances do not indicate foul play;
2[c.] (3)2 24 The person has been missing for a short period of
25 time;
2[d.] (4)2 The person has been missing 1for1 26 a long period of
27 time;
2[e.] (5)2 28 There is no indication that the missing person was in
29 the jurisdiction served by the law enforcement agency at the time of
30 the disappearance;
2[f.] (6)2 31 The circumstances suggest that the disappearance
32 may be voluntary;
2[g] (7)2 The 1[person]1 reporting 1person1 33 does not have
34 personal knowledge of the facts;
2[h] (8)2. The reporting 1[individual] person135 cannot provide
36 all of the information requested by the law enforcement agency;
2[i.] (9)2 37 The reporting person lacks a familial or other
38 relationship with the missing person; or
2[j.] (10)2 39 For any other reason, except in cases where the law
40 enforcement agency has direct knowledge that the person is, in fact,
not missing and the exact whereabouts and welfare of the 241 [subject
individual] person2 42 are known to the agency at the time the report
43 is being made.
244 b. The law enforcement agency that receives a report of a
45 missing person shall be the lead law enforcement agency in charge
46 of the missing person investigation, and shall continue in that
S2255 [2R] WEINBERG
4
capacity unless another law enforcement 1 agency assumes primary
2 responsibility over the investigation.
3 c. The lead law enforcement agency shall be entitled to the
cooperation of any other law enforcement agency in the State.2 4
5
3. At the time 1[of]1 6 a missing person report is filed, the law
7 enforcement agency shall seek to ascertain and record the following
8 information about the missing person:
a. The name of the missing person, including any aliases 1;1 9
10 b. Date of birth;
c. Identifying marks, such as birthmarks, moles, tattoos 2,2 11 and
12 scars;
13 d. Height and weight;
14 e. Gender;
15 f. Race;
16 g. Current hair color and true or natural hair color;
17 h. Eye color;
18 i. Prosthetics, surgical implants, or cosmetic implants;
19 j. Physical anomalies;
20 k. Blood type, if known;
21 l. Any medications the missing person is taking or needs to
22 take;
23 m. Driver's license number, if known;
24 n. Social security number, if known;
25 o. A recent photograph of the missing person, if available;
26 p. A description of the clothing the missing person was
27 believed to be wearing at the time of disappearance;
28 q. A description of notable items that the missing person may
29 be carrying and wearing;
r. Information 1[on] regarding1 30 the missing person's
31 electronic communications devices, such as a cell phone number or
2[email addresses] e-mail address232 ;
33 s. The reasons why the reporting person believes that the
34 person is missing;
t. 1[Name] The name1 and location of 1the1 35 missing person's
36 school or employer, if known;
u. 1[Name] The name1 and location of 1the1 37 missing person's
38 dentist and primary care physician, if known;
39 v. Any circumstances that may indicate that the disappearance
40 was not voluntary;
41 w. Any circumstances that indicate that the missing person may
42 be at risk of injury or death;
43 x. A description of the possible means of transportation of the
44 missing person, such as the make, model, color, license, and
2[VIN] Vehicle Identification Number (VIN)2 45 of a motor vehicle;
46 y. Any identifying information about a known or possible
47 abductor or the person last seen with the missing person including:
S2255 [2R] WEINBERG
5
1 (1) name;
(2) 2[a]2 2 physical description;
3 (3) date of birth;
4 (4) identifying marks;
(5) 2[the]2 5 description of possible means of transportation, such
as the make, model, color, license, and 26 [VIN] Vehicle
Identification Number (VIN)2 7 of a motor vehicle; and
8 (6) known associates;
z. Any other information that can aid in 1[location] locating1 9
10 the missing person; and
11 aa. Date of last contact.
12
13 4. a. The law enforcement agency shall notify the person
14 making the report, a family member, or any other person in a
15 position to assist the law enforcement agency in its efforts to locate
16 the missing person by providing to that person or family member:
17 (1) general information about the handling of the missing person
18 case or about intended efforts in the case to the extent that the law
19 enforcement agency determines that disclosure would not adversely
20 affect its ability to locate or protect the missing person, to
21 apprehend or to prosecute any persons criminally involved in the
22 disappearance;
(2) information advising the person making the report 1[,]1 23 and
24 other involved persons that if the missing person remains missing,
they 2[1shall1] should2 25 contact the law enforcement agency to
26 provide additional information and materials that will aid in
27 locating the missing person, such as any credit or debit cards the
28 missing person has access to, other banking or financial information
29 and any records of cell phone use;
30 (3) in those cases where DNA samples are requested, the law
31 enforcement agency shall notify the person or family member that
32 all such DNA samples are provided on a voluntary basis and shall
33 be used solely to help locate or identify the missing person and shall
not be used for any other purpose; 2and2 34
35 (4) the law enforcement agency, upon acceptance of a missing
36 person report, shall inform the person filing the report that there are
37 two clearing houses for missing person's information. If the person
38 reported missing is age 17 or under, the person filing the report
39 shall be provided with contact information for the National Center
40 for Missing and Exploited Children. If the person reported missing
41 is age 18 or older, the person filing the report shall be provided with
42 contact information for the National Center for Missing Adults.
43 b. If the person identified in the missing person report remains
44 missing for 30 days, and the additional information and materials
45 specified below have not been received, the law enforcement
agency shall attempt to obtain 2[;] :2 46
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(1) DNA samples from family members 1 and, if possible, from
2 the missing person along with any needed documentation, including
any consent forms, required for the use of State or 2[Federal] 3
federal2 4 DNA databases;
5 (2) dental information and x-rays, and an authorization to
6 release dental or skeletal x-rays of the missing person;
7 (3) any additional photographs of the missing person that may
8 aid the investigation or an identification. The law enforcement
9 agency shall not be required to obtain written authorization before it
10 releases publicly any photograph that would aid in the investigation
11 or identification of the missing person; and
12 (4) fingerprints.
c. All DNA samples obtained in missing 1[person's] persons1 13
14 cases shall be immediately forwarded to the New Jersey Forensic
15 DNA Laboratory for analysis. The laboratory shall establish
16 procedures for determining how to prioritize analysis of the samples
relating to missing persons cases 1[;] .1 17
18 d. Information relevant to the Federal Bureau of Investigation's
19 Violent Criminal Apprehension Program shall be entered as soon as
20 possible.
21 e. Nothing is this section shall be construed to preclude a law
22 enforcement agency from obtaining any of the materials identified
23 in this section before the 30th day following the filing of the
24 missing person report.
25
5. 1a.1 26 Upon the initial receipt of a missing person report, a law
27 enforcement agency shall seek to determine whether the person
reported missing is 2to be designated2 1a1 high risk 128 missing
person129 .
130 [a. A high-risk missing person is an individual whose
31 whereabouts are not currently known and the circumstances indicate
32 that the individual may be at risk of injury or death. The
33 circumstances that indicate that an individual is high-risk missing
34 person shall include, but not be limited to:
35 (1) the person is missing as a result of a stranger abduction;
36 (2) the person is missing under suspicious circumstances;
37 (3) the person is missing under unknown circumstances;
38 (4) the person is missing under known dangerous circumstances;
39 (5) the person is missing more than 30 days;
40 (6) the person has already been designated as a high-risk
41 missing person by another law enforcement agency;
42 (7) there is evidence that the person is at risk because:
43 (a) the person missing is in need of medical attention, or
44 prescription medication;
45 (b) the person missing does not have a pattern of running away
46 or disappearing;
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(c) the person missing may ha 1 ve been abducted by a non2
custodial parent;
3 (d) the person missing is mentally impaired;
4 (e) the person missing is a person under the age of 21 years; or
5 (f) the person missing has been the subject of past threats or
6 acts of violence.
7 (8) any other factor that may, in the judgment of the chief of the
8 law enforcement agency receiving the missing person report,
determine that the missing person may be at risk.]1 9
b. 210 [A finding that a person reported missing is not] If the
11 initial determination of a person reported missing does not warrant
designation of that person as2 high risk 2, it2 12 shall not preclude a
13 later determination, based on further investigation or the discovery
14 of additional information, that the missing person is high risk.
15
6. a. 216 [When a law enforcement agency determines] Upon a
determination2 that a missing person 2[is] investigation involves2 17 a
1[high-risk] high risk1 missing person 218 [it shall notify the State
19 Police Missing Persons Unit. It shall immediately provide the State
20 Police Missing Persons Unit with the information that is most likely
to aid in the location and safe return of the 1[high-risk] high risk1 21
22 missing person. As soon as practicable, the law enforcement
23 agency shall provide all other information obtained relating to the
24 missing person case to the State Police Missing Persons Unit] or a
25 missing child, the lead law enforcement agency shall take such
26 actions as are specified in the uniform investigative standards for a
27 high risk missing person or a missing child, as the case may be, as
28 set forth in the protocol developed pursuant to section 10 of P.L. ,
29 c. (C. )(pending before the Legislature as this bill), and also
30 may contact the Missing Persons Unit and request assistance. The
31 Missing Persons Unit, in consultation with the lead law
32 enforcement agency, shall determine whether the circumstances
33 warrant a cooperative investigative effort. If the determination is
34 made that a cooperative effort is warranted, then the Missing
35 Persons Unit shall coordinate the deployment of additional State
Police resources in support of the investigation236 .
b. The 237 [State Police Missing Persons Unit] lead law
enforcement agency2 38 shall promptly notify all law enforcement
39 agencies within the State and, if deemed appropriate, law
40 enforcement agencies in adjacent states or jurisdictions of the
41 information that may aid in the prompt location and safe return of
the 1[high-risk] high risk1 missing person 2[;] .2 42
43 c. Local law enforcement agencies that receive notification
from the 244 [State Police Missing Unit] lead law enforcement
agency2 45 pursuant to subsection b. of this section shall forward that
46 information immediately to its officers and members.
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d. 2The lead law enforcement agency shall, 1 as expeditiously as
2 possible, prepare and disseminate a photographic information
3 bulletin utilizing the Missing Child Alert System, or any successor
4 law enforcement notification system the State may employ,
e.2 The 25 [State Police Missing Persons Unit] lead law
enforcement agency2 6 shall, as appropriate, enter all collected
7 information relating to the missing person case to applicable
2[Federal] federal2 8 databases. The information shall be provided in
9 accordance with applicable guidelines relating to the databases, as
10 follows:
11 (1) a missing person report, and relevant information, in a
1[high-risk] high risk1 12 missing person case shall be entered in the
13 National Crime Information Center database immediately, but in no
case no more than 1[2] two1 hours 1[of] after1 14 the determination
that the missing person is a 1[high-risk] high risk1 15 missing person
2[.] ;2 16
17 (2) a missing person report, and relevant information, in a case
18 not involving a high risk missing person shall be entered within 24
hours of the initial filing of the missing person report 2[.] ;2 19
20 (3) all DNA profiles shall be uploaded into the missing persons
21 databases of the New Jersey Forensic DNA Laboratory and all
appropriate and suitable federal database systems 2[.] ;2 22
23 (4) information relevant to the Federal Bureau of Investigation's
24 Violent Criminal Apprehension Program shall be entered as soon as
practicable 2[.] ;2 25
26 (5) all due care shall be given to insure that the data, particularly
27 medical and dental records, entered in State and federal database
28 systems is accurate and, to the greatest extent possible, complete
2[.] ; and2 29
30 (6) the State Police shall, when deemed appropriate and likely to
31 facilitate a resolution to a particular missing person report, activate
32 the Amber Alert program for the State.
233 f. If, after the dissemination of a photographic information
34 bulletin utilizing the Missing Child Alert System information, the
35 missing person is found, the lead law enforcement agency shall
36 promptly disseminate an additional bulletin on the Missing Child
Alert System indicating that the person was found.2 37
38
39 7. a. The Attorney General shall provide information to local
40 law enforcement agencies about best practices and protocols for
handling death scene investigations 1[;] .1 41
42 b. The Attorney General shall identify any publications or
43 training opportunities that may be available to local law
44 enforcement officers concerning the handling of death scene
45 investigations.
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9
8. a. After performing any 1 death scene investigation, as
2 deemed appropriate under the circumstances, the official with
3 custody of the human remains shall ensure that the human remains
4 are delivered to the appropriate county medical examiner.
5 b. Any county medical examiner with custody of human
6 remains that are not identified within 24 hours of discovery shall
promptly notify the 2[State Police] Missing Persons Unit2 7 of the
8 location of those remains.
9 c. If the county medical examiner with custody of remains
10 cannot determine whether or not the remains found are human, the
medical examiner shall so notify the 211 [State Police] Missing
Persons Unit212 .
13
14 9. a. If the official with custody of the human remains is not a
15 medical examiner, the official shall promptly transfer the
16 unidentified remains to the appropriate county medical examiner.
17 b. The county medical examiner shall make reasonable
18 attempts to promptly identify human remains. These actions may
19 include but are not limited to obtaining:
20 (1) photographs of the human remains;
21 (2) dental or skeletal X-rays;
22 (3) photographs of items found with the human remains;
23 (4) fingerprints from the remains, if possible;
24 (5) samples of tissue suitable for DNA typing, if possible;
(6) samples of whole bone 1[and/or] or1 25 hair suitable for DNA
typing; 1and1 26
27 (7) any other information that may support identification efforts.
c. No medical examiner or any other person shall 2[,]2 28 dispose
29 of, or engage in actions that will materially affect the unidentified
30 human remains before the county medical examiner obtains:
31 (1) samples suitable for DNA identification archiving;
32 (2) photographs of the unidentified human remains; and
33 (3) all other appropriate steps for identification have been
34 exhausted.
35 d. Unidentified human remains shall not be cremated.
36 e. The county medical examiner shall make reasonable efforts
to obtain prompt DNA analysis of biological samples 2[,]2 37 if the
38 human remains have not been identified by other means within 30
39 days.
40 f. The medical examiner shall seek support from appropriate
41 State and federal agencies to assist in the identification of
42 unidentified human remains. Such assistance may include, but not
43 be limited to, available mitochondrial or nuclear DNA testing,
44 federal grants for DNA testing, or federal grants for crime
45 laboratory or medical examiner office improvement.
g. The county medical examiner shall 246 seek support from
47 appropriate federal and State agency representatives to have
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10
information2 promptly 2[enter information] 1 entered2 in federal and
State databases 2by those representatives2 2 that can aid in the
3 identification of a missing person. Information shall be entered into
4 federal databases as follows:
5 (1) information for the National Crime Information Center
6 within 24 hours;
7 (2) DNA profiles and information shall be entered into the
8 National DNA Index System (NDIS) within five business days after
9 the completion of the DNA analysis and procedures necessary for
10 the entry of the DNA profile; and
11 (3) information sought by the Violent Criminal Apprehension
12 Program database as soon as practicable.
13 h. Nothing in this act shall be construed to preclude any
14 medical examiner office, the State Police or any local law
15 enforcement agency from other actions to facilitate the
16 identification of unidentified human remains including efforts to
publicize information, descriptions 2,2 17 or photographs that may aid
18 in the identification of the unidentified remains, including allowing
19 family members to identify a missing person; provided that in
20 taking these actions, all due consideration is given to protect the
21 dignity and well-being of the of the missing person and the family
22 of the missing person.
23 i. Agencies handling the remains of a missing person who is
24 deceased shall notify the law enforcement agency handling the
missing person's case. Documented efforts 1[must] shall1 25 be made
26 to locate family members of the deceased person to inform them of
27 the death and location of the remains of their family member.
28
229 [10. The Attorney General, pursuant to the provisions of the
30 "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
31 seq.), shall promulgate rules and regulations to effectuate the
purposes of this act.]2 32
33
234 10. In implementing the provisions of this act and prior to the
35 effective date, the Superintendent of State Police shall develop and
36 disseminate to all law enforcement agencies in the State a best
37 practices protocol for State and local law enforcement agencies to
38 follow when addressing reports of missing persons, which protocol
39 shall set forth uniform investigative standards for missing persons
40 cases and any other procedures, practices and standards that the
41 superintendent deems appropriate for handling missing person
42 cases. The protocol shall include specific procedures practice and
43 standards applicable to cases involving high risk missing persons or
44 missing children. The Superintendent of State Police shall develop
45 and make available to each law enforcement agency in this State a
46 training program on the procedures, practices and standards for the
47 handling of high risk missing persons, missing children and missing
S2255 [2R] WEINBERG
11
persons cases set forth 1 in the protocol adopted pursuant to and
2 consistent with this act and section. Each law enforcement agency
3 in this State shall comply with this protocol when the agency is
4 notified of a missing person.
5 To assess the effectiveness of this protocol, the Missing Persons
6 Unit annually shall review a sample of open missing persons cases
7 from the immediately preceding year. Based upon its assessment,
8 the Missing Persons Unit may recommend to the superintendent that
9 the protocol be revised or amended and whether the training
10 programs currently available to law enforcement agencies are
adequate.2 11
12
13 11. This act shall take effect on the first day of the seventh
14 month following enactment, but the Attorney General may take
15 such anticipatory administrative action in advance as shall be
16 necessary for the implementation of this act.

INTRODUCTION

Here is a Step by Step guide on how to have a sponsor's DNA sample collected in the United States and the beneficiary's DNA sample collected in the country of origin in order to complete the United States Customs and Immigration (USCIS), the National Visa Center or the U.S. Embassy's process to establish a biological relationship to conclude immigration to the United States.

Many consular services - visas, travel documents, consular reports of birth abroad - require the applicant to establish a biological relationship to a petition or American citizen parent.  If you are unable to establish this required relationship at the time of your interview, the consular officer may suggest DNA testing.  DNA testing is a useful tool for verifying an alleged biological relationship and is most commonly used to verify a parent/child relationship in conjunction with a citizenship case or an immigrant visa application.  Due to the expense, complexity and logistical delay, so be sure you are using a DNA Collections Expert in the United States who will be available for follow up and questions during the process. 

You must pay all of the costs for testing and related expenses directly to the U.S. laboratory, panel physician and express mailing services.

TESTING PROCESS

Step One:  Select a DNA Collections Expert in the local area.  The laboratory must be accredited by the AABB.  You will be asked to provide legal proof of your identity, ie, current passport, driver's license.  The DNA Collections Expert will photocopy your paperwork as well as photograph you and ask you to sign the photograph.  The DNA Collections Expert will take the required DNA samples from you, pass the samples and supporting documents onto the lab who will hold your sample until your beneficiary is collected and sent to the U.S. lab.

Step Two:  Select a Panel Physician or U.S. Embassy approved lab in your country.  The DNA Collections Expert in the United States may offer you a list of approved labs in your country of origin.  As a matter of convenience, you should chose the laboratory nearest to your relatives in the country of origin - one that they can easily phone and set up an appointment - once you are told to have your relatives make the call.

Step Three:  The DNA Collections Expert in the United States will forward all relevant material and a DNA collection kit to a Panel Physician or U.S. Embassy approved lab in your country of origin with reference to your Applicant Petitioner Number, Government Case Number, EAC Number.  Once you are notified that the country of origin DNA collector has received all the relevant paperwork and DNA kit, you should have your family member schedule an appointment directly with the panel physician.  The panel physicians charge a local collections fee for the sample collection and administrative process.  Majority of DNA samples collected today (and it is recommended due to convenience of shipping) via non-invasive Buccal Swab (scrape of some of the cells lining the inside of the cheek).

Please be sure that your family members bring the following items with them to the appointment with the Panel Physician or U.S. Embassy approved laboratory:

• Your passport and two copies of the passport.  If you are an asylee or refugee family member, or applying for a consular report of birth abroad and you do not have a passport, you should bring another form of a photo identification and two copies.

• Two passport photographs

• The letter provided by the consular office suggesting DNA Testing

• A-paid express mailing envelope with the address of the laboratory, which the panel physician will use to mail your sample to the laboratory.  (Your DNA Collection Expert in the United States, may do this as part of their service to you)

• A person over the age of 18 who can witness that the proper procedures have been followed.  This can be any person including someone you do not know, except it cannot be the panel physician or one of his employees.

Step Four:  Following the sample collection of the beneficiary(s) in your country of origin, the Panel Physician will return the DNA samples and supporting documents to the laboratory in the United States who collected the sponsor's sample. 

Step Five:  The laboratory in the United States must mail results directly to the U.S. Embassy consular section, the U.S. Customs and Immigration Office or the National Visa  Center office.  You can receive a copy of the results from your DNA Collections expert.  Under no circumstances is any other party, including those being test, permitted to carry or transport blood or tissue samples or test results.  The laboratory will include a copy of the photo identification and the supporting documents provided during the sample collection process.  If the U.S. Embassy consular section, the U.S. Customs and Immigration Office or the National Visa Center offices does not receive the test results, photographs and copies of the supporting documents directly from the laboratory, we cannot proceed with your requested service.

Step Six:  Once the proper U.S. authorities receives and processes your test results, you will be contacted via mail.  It can take several weeks to process your results, so please do not contact the U.S. authorities until 30 days after you are notified by your DNA collections expert in the United States that you tests results have been mailed.