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AN ACT
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relating to reporting requirements concerning missing persons, |
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including missing children in the managing conservatorship of the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.123 to read as follows: |
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Sec. 264.123. REPORTS CONCERNING MISSING CHILD. (a) If a |
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child in the department's managing conservatorship is missing from |
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the child's substitute care provider, including a child who is |
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abducted or is a runaway, the department shall notify the following |
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persons that the child is missing: |
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(1) the appropriate law enforcement agencies; |
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(2) the court with jurisdiction over the department's |
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managing conservatorship of the child; |
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(3) the child's attorney ad litem; |
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(4) the child's guardian ad litem; and |
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(5) the child's parent unless the parent: |
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(A) cannot be located or contacted; |
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(B) has had the parent's parental rights |
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terminated; or |
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(C) has executed an affidavit of relinquishment |
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of parental rights. |
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(b) The department shall provide the notice required by |
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Subsection (a) not later than 24 hours after the time the department |
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learns that the child is missing or as soon as possible if a person |
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entitled to notice under that subsection cannot be notified within |
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24 hours. |
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(c) If a child has been reported as a missing child under |
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Subsection (a), the department shall notify the persons described |
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by Subsection (a) when the child returns to the child's substitute |
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care provider not later than 24 hours after the time the department |
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learns that the child has returned or as soon as possible if a |
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person entitled to notice cannot be notified within 24 hours. |
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(d) The department shall make continuing efforts to |
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determine the location of a missing child until the child returns to |
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substitute care, including: |
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(1) contacting on a monthly basis: |
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(A) the appropriate law enforcement agencies; |
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(B) the child's relatives; |
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(C) the child's former caregivers; and |
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(D) any state or local social service agency that |
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may be providing services to the child; and |
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(2) conducting a supervisory-level review of the case |
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on a quarterly basis if the child is 15 years of age or younger to |
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determine whether sufficient efforts have been made to locate the |
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child and whether other action is needed. |
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(e) The department shall document in the missing child's |
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case record: |
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(1) the actions taken by the department to: |
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(A) determine the location of the child; and |
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(B) persuade the child to return to substitute |
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care; |
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(2) any discussion during, and determination |
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resulting from, the supervisory-level review under Subsection |
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(d)(2); |
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(3) any discussion with law enforcement officials |
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following the return of the child regarding the child's absence; |
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and |
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(4) any discussion with the child described by |
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Subsection (f). |
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(f) After a missing child returns to the child's substitute |
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care provider, the department shall interview the child to |
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determine the reasons why the child was missing and where the child |
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stayed during the time the child was missing. The department shall |
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report to an appropriate law enforcement agency any disclosure made |
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by a child that indicates that the child was the victim of a crime |
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during the time the child was missing. The department shall make a |
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report under this subsection not later than 24 hours after the time |
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the disclosure is made. The department is not required to interview |
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a missing child under this subsection if, at the time the child |
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returns, the department knows that the child was abducted and |
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another agency is investigating the abduction. |
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SECTION 2. Article 63.009(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Local law enforcement agencies, on receiving a report of |
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a missing child or a missing person, shall: |
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(1) if the subject of the report is a child and the |
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well-being of the child is in danger or if the subject of the report |
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is a person who is known by the agency to have or is reported to have |
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chronic dementia, including Alzheimer's dementia, whether caused |
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by illness, brain defect, or brain injury, immediately start an |
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investigation in order to determine the present location of the |
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child or person; |
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(2) if the subject of the report is a child or person |
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other than a child or person described by Subdivision (1), start an |
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investigation with due diligence in order to determine the present |
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location of the child or person; |
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(3) immediately, but not later than two hours after |
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receiving the report, enter the name of the child or person into the |
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clearinghouse, the national crime information center missing |
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person file if the child or person meets the center's criteria, and |
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the Alzheimer's Association Safe Return crisis number, if |
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applicable, with all available identifying features such as dental |
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records, fingerprints, other physical characteristics, and a |
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description of the clothing worn when last seen, and all available |
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information describing any person reasonably believed to have taken |
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or retained the missing child or missing person; and |
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(4) inform the person who filed the report of the |
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missing child or missing person that the information will be |
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entered into the clearinghouse, the national crime information |
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center missing person file, and the Alzheimer's Association Safe |
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Return crisis number, if applicable. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 943 was passed by the House on April |
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7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 943 on May 23, 2011, by the following vote: Yeas 145, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 943 was passed by the Senate, with |
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amendments, on May 17, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |