Activation; child with special needs.

Sec. 3. (1) The Michigan Amber alert plan must be activated only in accordance with the policies established by the department of state police. Beginning on the effective date of the amendatory act that added this sentence, the policies established by the department under this section must require the activation of the Michigan Amber alert plan for a report of either of the following: (a) A missing child with special needs who the department believes is in imminent danger, as defined by the department, after a law enforcement agency conducts a preliminary investigation under section 8(2) of 1968 PA 319, MCL 28.258. (b) A missing child who the department believes is in imminent danger, as defined by the department, after a law enforcement agency conducts a preliminary investigation under section 8(2) of 1968 PA 319, MCL 28.258. (2) As used in this section, "child with special needs" means an individual who has been evaluated under the individuals with disabilities education act, 20 USC 1400 to 1482, or the administrative rules for special education, R 340.1701 to 340.1862 of the Michigan Administrative Code, and determined to have a qualifying impairment by an individualized education program team or judge, an individualized family service plan team or judge, or a health care professional; who needs services; who is not more than 26 years of age; and who has not yet graduated high school.