82R4713 TJB-D
By: Dukes H.B. No. 943
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements concerning missing persons,
including missing children in the managing conservatorship of the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.123 to read as follows:
Sec. 264.123. REPORTS CONCERNING MISSING CHILD. (a) If a
child in the department's managing conservatorship is missing from
the child's substitute care provider, including a child who is
abducted or is a runaway, the department shall notify the following
persons that the child is missing:
(1) the appropriate law enforcement agencies;
(2) the court with jurisdiction over the department's
managing conservatorship of the child;
(3) the child's attorney ad litem; and
(4) the child's parent unless the parent:
(A) cannot be located or contacted;
(B) has had the parent's parental rights
terminated; or
(C) has executed an affidavit of relinquishment
of parental rights.
(b) The department shall provide the notice required by
Subsection (a) not later than 24 hours after the time the department
learns that the child is missing or as soon as possible if a person
entitled to notice under that subsection cannot be notified within
24 hours.
(c) If a child has been reported as a missing child under
Subsection (a), the department shall notify the persons described
by Subsection (a) when the child returns to the child's substitute
care provider not later than 24 hours after the time the department
learns that the child has returned or as soon as possible if a
person entitled to notice cannot be notified within 24 hours.
(d) The department shall make continuing efforts to
determine the location of a missing child until the child returns to
substitute care, including:
(1) contacting on a monthly basis:
(A) the appropriate law enforcement agencies;
(B) the child's relatives;
(C) the child's former caregivers; and
(D) any state or local social service agency that
may be providing services to the child; and
(2) conducting a supervisory-level review of the case
on a quarterly basis if the child is 15 years of age or younger to
determine whether sufficient efforts have been made to locate the
child and whether other action is needed.
(e) The department shall document in the missing child's
case record:
(1) the actions taken by the department to:
(A) determine the location of the child; and
(B) persuade the child to return to substitute
care;
(2) any discussion during, and determination
resulting from, the supervisory-level review under Subsection
(d)(2);
(3) any discussion with law enforcement officials
following the return of the child regarding the child's absence;
and
(4) any discussion with the child described by
Subsection (f).
(f) After a missing child returns to the child's substitute
care provider, the department shall interview the child to
determine the reasons why the child was missing and where the child
stayed during the time the child was missing. The department shall
report to an appropriate law enforcement agency any disclosure made
by a child that indicates that the child was the victim of a crime
during the time the child was missing. The department shall make a
report under this subsection not later than 24 hours after the time
the disclosure is made. The department is not required to interview
a missing child under this subsection if, at the time the child
returns, the department knows that the child was abducted and
another agency is investigating the abduction.
SECTION 2. Article 63.009(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Local law enforcement agencies, on receiving a report of
a missing child or a missing person, shall:
(1) if the subject of the report is a child and the
well-being of the child is in danger or if the subject of the report
is a person who is known by the agency to have or is reported to have
chronic dementia, including Alzheimer's dementia, whether caused
by illness, brain defect, or brain injury, immediately start an
investigation in order to determine the present location of the
child or person;
(2) if the subject of the report is a child or person
other than a child or person described by Subdivision (1), start an
investigation with due diligence in order to determine the present
location of the child or person;
(3) immediately, but not later than two hours after
receiving the report, enter the name of the child or person into the
clearinghouse, the national crime information center missing
person file if the child or person meets the center's criteria, and
the Alzheimer's Association Safe Return crisis number, if
applicable, with all available identifying features such as dental
records, fingerprints, other physical characteristics, and a
description of the clothing worn when last seen, and all available
information describing any person reasonably believed to have taken
or retained the missing child or missing person; and
(4) inform the person who filed the report of the
missing child or missing person that the information will be
entered into the clearinghouse, the national crime information
center missing person file, and the Alzheimer's Association Safe
Return crisis number, if applicable.
SECTION 3. This Act takes effect September 1, 2011.