Bill Text: TX HB943 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to reporting requirements concerning missing persons, including missing children in the managing conservatorship of the Department of Family and Protective Services.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB943 Detail]
Download: Texas-2011-HB943-Enrolled.html
H.B. No. 943 |
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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; | ||
(4) the child's guardian ad litem; and | ||
(5) 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 943 was passed by the House on April | ||
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 943 on May 23, 2011, by the following vote: Yeas 145, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 943 was passed by the Senate, with | ||
amendments, on May 17, 2011, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |