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AN ACT
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relating to the protection of certain children through the |
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operation of the child safety check alert list. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.3022, Family Code, is amended to |
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read as follows: |
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Sec. 261.3022. CHILD SAFETY CHECK ALERT LIST. (a) The |
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[Subject to the availability of funds, the] Department of Public |
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Safety of the State of Texas shall maintain [create] a child safety |
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check alert list as part of the Texas Crime Information Center to |
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help locate a child or the child's family for purposes of: |
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(1) investigating a report of child abuse or neglect; |
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(2) providing protective services to a family |
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receiving family-based support services; or |
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(3) providing protective services to the family of a |
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child in the managing conservatorship of the department. |
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(b) If [the child safety check alert list is established
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and] the department is unable to locate a child or the child's |
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family for a purpose described by Subsection (a) after the |
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department has attempted to locate the child for not more than 20 |
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days, the department shall notify the Texas Department of Public |
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Safety that the department is unable to locate the child or the |
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child's family. The notice must include the information required |
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by Subsections (c)(1)-(10). |
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(c) On receipt of the notice from the department, the Texas |
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Department of Public Safety shall [purposes of investigating a
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report of child abuse or neglect, after the department has
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exhausted all means available to the department for locating the
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family, the department may seek assistance under this section from
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the appropriate county attorney, district attorney, or criminal
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district attorney with responsibility for representing the
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department as provided by Section 264.009.
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[(c)
If the department requests assistance, the county
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attorney, district attorney, or criminal district attorney, as
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applicable, may file an application with the court requesting the
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issuance of an ex parte order requiring the Texas Crime Information
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Center to place the members of the family the department is
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attempting to locate on a child safety check alert list. The
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application must include a summary of:
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[(1)
the report of child abuse or neglect the
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department is attempting to investigate; and
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[(2) the department's efforts to locate the family.
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[(d)
If the court determines after a hearing that the
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department has exhausted all means available to the department for
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locating the family, the court shall approve the application and
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order the appropriate law enforcement agency to] notify the Texas |
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Crime Information Center to place the child and the child's family |
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on a child safety check alert list. The alert list must include the |
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following information if known or readily available: |
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(1) the name, sex, race, date of birth, any known |
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identifying numbers, including social security number and driver's |
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license number, and personal descriptions of the family member |
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alleged to have abused or neglected a child according to the report |
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the department is attempting to investigate; |
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(2) the name, sex, race, date of birth, any known |
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identifying numbers, including social security number and driver's |
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license number, and personal descriptions of any parent, managing |
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conservator, or guardian of the child who cannot be located for the |
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purposes described by Subsection (a); |
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(3) the name, sex, race, date of birth, any known |
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identifying numbers, including social security number and driver's |
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license number, and personal descriptions of the child who is the |
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subject of the report or is receiving services described by |
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Subsection (a)(2) or (3); |
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(4) if applicable, [(3)] a code identifying the type |
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of child abuse or neglect alleged or determined to have been |
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committed against the child; |
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(5) [(4)] the family's last known address; [and] |
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(6) any known description of the motor vehicle, |
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including the vehicle's make, color, style of body, model year, and |
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vehicle identification number, in which the child is suspected to |
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be transported; |
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(7) the case number assigned by the department; |
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(8) the department's dedicated law-enforcement |
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telephone number for statewide intake; |
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(9) the date and time when and the location where the |
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child was last seen; and |
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(10) any other information required [(5) the minimum
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criteria] for an entry as established by the center. |
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SECTION 2. Section 261.3023(a), Family Code, is amended to |
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read as follows: |
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(a) If a law enforcement officer encounters a person, |
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including a child, listed on the Texas Crime Information Center's |
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child safety check alert list [who is alleged to have abused or
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neglected a child, or encounters a child listed on the alert list
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who is the subject of a report of child abuse or neglect the
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department is attempting to investigate], the officer shall request |
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information from the person or the child regarding the child's |
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well-being and current residence. |
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SECTION 3. Section 261.3024(a), Family Code, is amended to |
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read as follows: |
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(a) A law enforcement officer who locates a child listed on |
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the Texas Crime Information Center's child safety check alert list |
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[who is the subject of a report of child abuse or neglect the
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department is attempting to investigate] and who reports the |
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child's current address and other relevant information to the |
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department under Section 261.3023 shall report to the Texas Crime |
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Information Center that the child has been located. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1406 passed the Senate on |
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April 20, 2015, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2015, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1406 passed the House, with |
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amendment, on May 26, 2015, by the following vote: Yeas 144, |
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Nays 1, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |