Assigned to MAPS AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
FACT SHEET FOR H.B. 2651
missing children; alert; notification; reporting
Purpose
Requires the Department of Child Safety (DCS) to fulfill additional notification and
reporting requirements relating to cases involving missing, abducted or runaway children.
Background
Certain persons, including physicians, peace officers, child safety workers, parents and
school personnel, who reasonably believe a minor is or has been the victim of physical injury,
abuse, neglect, deprivation of necessary medical treatment or other reportable offenses must report
or cause reports to be made to law enforcement or DCS (A.R.S. § 13-3620).
If DCS receives such a report, or receives information during the course of providing
services, that indicates a child is at risk of serious harm and the child's location is unknown, DCS
must notify the appropriate law enforcement agency and provide the information required to make
the record entry into the Arizona Crime Information Center and the National Crime Information
Center (NCIC) databases for missing persons, including information about the child, the parents,
guardian, custodian or person of interest. The law enforcement agency must immediately enter the
information into these databases (A.R.S. § 8-810).
If a law enforcement agency receives a report of a missing, kidnapped or runaway child, it
must: 1) within two hours of receiving the report, submit outlined identifying information of the
child, a recent photograph of the child, the date and location of last known contact and the category
under which the child is reported missing; 2) not later than 30 days after original record entry,
verify and update the record with additional information, including medical and dental records and
a photograph taken within the previous 180 days; 3) institute or assist with appropriate search and
investigative procedures; 4) maintain a close liaison with state and local child welfare systems and
the National Center for Missing and Exploited Children (NCMEC) for the exchange of information
and technical assistance in the missing child case; and 5) grant permission to the NCIC terminal
contractor for Arizona to update the missing child record in the NCIC computer networks with
additional information that is learned during the investigation and that relates to the missing child
(A.R.S. § 8-901).
The Joint Legislative Budget Committee (JLBC) fiscal note indicates that H.B. 2651 would
generate additional workload for DCS staff and increase agency operational costs, which may
require additional full-time equivalent positions, with the actual magnitude of the costs depending
on the number of missing children throughout the year. JLBC also estimates that the optional
annual audit and possible third-party contract with DCS could generate additional costs, estimated
between $200,000 and $300,000 based on similar audits, if the Legislature requires it (JLBC fiscal
note). FACT SHEET – Amended
H.B. 2651
Page 2
Provisions
1. Requires DCS, within 24 hours of receiving a report that a child who is a ward of the court or
in DCS care is missing, abducted or runaway and the child's location is unknown, to:
a) for an abducted child, notify the Arizona Criminal Justice Commission;
b) for an abducted, missing or runaway child, notify the NCIC missing person database.
2. Requires DCS, within 24 hours of receiving a report of a missing, abducted or runaway child,
to:
a) report information on the missing, abducted or runaway child to the NCMEC;
b) contact the following persons to obtain information about the child's disappearance, unless
it is determined by the primary investigative agency that it will hinder investigation or
location efforts:
i. the child's parents;
ii. the child's known relatives;
iii. the child's out-of-home caregivers;
iv. the child's attorney;
v. the child's guardian or guardian ad-litem;
vi. the child's court appointed special advocate; and
vii. any other persons known to DCS who may have relevant information regarding the
child's location;
c) unless it is determined by the primary investigative agency that it will hinder investigation
or location efforts, provide a notice of disappearance in writing and telephonically to all
persons listed above, as well as:
i. a judicial officer in any judicial matter involving the child;
ii. the Duty Assistant Attorney General (AG) representing DCS to initiate a motion for
pickup; and
iii. the child's Indian tribe, if applicable.
3. Requires DCS to notify the appropriate law enforcement agency of a missing, abducted or
runaway child, so that the law enforcement agency can determine if the situation meets an
amber alert or silver alert criteria.
4. Requires the local law enforcement agency, within 48 hours after receiving a report of a
missing, abducted or runaway child, to provide all local media outlets and social media
platforms with the following information:
a) a complete physical description of the child and, if known, the child's abductor;
b) the last known location of the child or, if known, the child's abductor;
c) a description of the clothing the child or, if known, the child's abductor was last known to
be wearing;
d) a description of any vehicle that may be involved with the child's disappearance;
e) current photos of the child and, if available, the child's abductor;
f) a law enforcement telephone number; and
g) information regarding any offered rewards.
FACT SHEET – Amended
H.B. 2651
Page 3
5. Requires DCS, on an ongoing basis until a missing, abducted or runaway child is located or
the child reaches the age of majority, to:
a) document in writing every effort DCS has made to locate the missing, abducted or runaway
child within 10 days after the effort to locate the child is taken, specifying the notifications
and documentation sent to individuals and departments as outlined;
b) contact law enforcement frequently and document the information provided and received;
and
c) for a child who has been missing or abducted or who has been a runaway for two or more
years, work with the NCMEC to create an age-progression image of the child.
6. Requires DCS to develop and conduct annual training for employees who have direct oversight
of children and the direct supervisors of those employees, unless it is determined by the primary
investigative agency that it will hinder investigation or location efforts.
7. Requires the training to include DCS policies for locating missing, abducted or runaway
children and the requirements for ongoing efforts to locate a missing, abducted or runaway
child.
8. Requires ongoing efforts to include:
a) continued contact with law enforcement agencies;
b) continued contact with the child's parents, guardian, custodian and other known relatives;
c) continued contact with current and former foster families of the child;
d) continued contact with the child's school;
e) continued contact with known acquaintances of the child;
f) continued in-person searching of locations and places where the child may be found;
g) continued review of any social media accounts that may be associated with the child or the
child's known acquaintances;
h) continued efforts with law enforcement agencies in searching for the child;
i) continued search efforts with DCS field staff; and
j) referral to DCS's office of child welfare investigations for assistance, if exigent
circumstances exist.
9. Requires DCS to do all of the following when a child is located:
a) inform law enforcement agencies involved in the child's case, the AG's office, and the
NCMEC;
b) have in-person contact with the child within 24 hours of the child being located;
c) obtain a medical exam for the child;
d) assess the child's experiences while absent, including screening to determine if the child is
a sex trafficking victim;
e) assess the appropriateness of the child returning to the child's current placement; and
f) assess factors that contributed to the child's absence.
10. Allows the Legislature to convene the Joint Legislative Oversight Committee on DCS
(Oversight Committee) to address concerns and deviations from policy and procedure and
provide recommendations.
11. Requires DCS to submit a monthly report to the Oversight Committee that provides
information regarding DCS's compliance with efforts required by this legislation. FACT SHEET – Amended
H.B. 2651
Page 4
12. Allows the Legislature to request an annual independent audit of DCS's compliance with this
legislation.
13. Requires the independent audit, if the independent audit determines DCS is not in compliance,
to provide recommendations for improving the DCS's efforts to locate missing, abducted or
runaway children.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires DCS to report information on a missing, abducted or runaway child directly to the
NCMEC, rather than reporting to a law enforcement agency which would then report to the
NCMEC.
2. Stipulates that DCS must contact outlined persons to notify and obtain information relating to
a child's disappearance, unless the primary investigative agency determines it will hinder
investigation or location efforts.
3. Requires DCS to provide notice of a disappearance directly to the Duty Assistant AG to initiate
a motion for pickup, rather than notifying the appropriate law enforcement agency which
would then notify the AG.
4. Requires a law enforcement agency that has been notified of a missing, abducted or runaway
child to determine if the situation meets Amber Alert criteria or Silver Alert criteria pursuant
to statute.
5. Requires a local law enforcement agency to provide outlined information to social media
platforms, in addition to all local media outlets.
6. Requires written documentation tracking ongoing efforts by DCS to locate a child to specify
the notifications and documentation sent to individuals and departments as prescribed in this
legislation.
7. Requires DCS to contact law enforcement frequently, rather than every seven days, when
making ongoing efforts.
8. Removes the requirement for DCS to update social media platforms every 14 days with
information regarding the child.
9. Requires DCS to work with NCMEC, rather than a specialized artist, to create an
age-progression image of a child who has been missing for two or more years.
10. Adds continued contact with the child's parents, guardians, custodian and known relatives as
ongoing efforts that must be made by DCS.
11. Requires DCS protocol that must be followed after a child is located to include screening to
determine if the child is a sex trafficking victim. FACT SHEET – Amended
H.B. 2651
Page 5
12. Removes the requirement for DCS to provide the President of the Senate and Speaker of the
House of Representatives with a monthly report containing prescribed information.
13. Allows the Legislature to convene the Oversight Committee to address concerns and deviations
from policy and procedure and provide recommendations.
14. Requires DCS to submit a monthly report to the Oversight Committee that provides
information regarding DCS's compliance with efforts required pursuant to this legislation.
15. Allows a third-party independent audit, if requested by the Legislature, to provide
recommendations for improving DCS efforts if DCS is found not in compliance, rather than
allowing the third-party to oversee DCS efforts.
House Action Senate Action
MAPS 2/13/23 DP 9-3-3-0 MAPS 3/22/23 DP 5-2-0
3
rd
Read 3/1/23 31-28-1
Prepared by Senate Research
June 12, 2023
ZD/sr