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.