ROCHESTER, N.Y. — The happy homecoming of a missing 5-year-old Rochester girl is not the end of the story for her family. Despite the family reporting Laylani Ortiz missing, an amber alert was never issued for the little girl.  

“Hold the police accountable and I'm not saying the entire Rochester Police Department, but when you blame a team for losing you blame the coach and the coach is the chief,” said relative, Jose Peo.   

According to RPD, Lilly's disappearance did not meet the criteria for an Amber Alert. The 5-year-old was taken by her mother Wednesday and was later found in California. 

“I think if Lilly would have been going to school in another police department's area; Brighton, Penfield, I think there would have been an Amber Alert,” said Peo. 

The New York State Police are the only ones who can put out an Amber Alert. The family spokesperson say that they want change when it comes to Amber Alerts and will continue the fight even if that means taking legal action. 

“The family will be making sure that something does come out of this in a positive light because there are other families that have been in a very similar situation where they couldn’t say that they had the same positive outcome”, said Peo. 

Rochester Police Chief Michael Ciminelli says his department took action. 

“On Wednesday we did not have information to establish the criteria for an Amber Alert," Ciminelli said. "However, a number of other investigative steps were taken on Wednesday into Thursday, including the issuance of an extenuating missing person entry into the nationwide E-Justice system at 12:21 a.m. on Thursday. Also, a 'Be On the Lookout' was issued through the Emergency Communications Department to all Monroe County law enforcement agencies."

Lilly is reportedly doing well and back home resting.  Her mother Renee Stong is still in San Diego awaiting extradition.