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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of certain children who may be subject to |
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child abuse or neglect through the operation of the child safety |
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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 261.301, Family Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) If at any time during an investigation of a report of |
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child abuse or neglect to which the department has assigned the |
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highest priority the department is unable to locate the child who is |
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the subject of the report of abuse or neglect or the child's |
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family, the department shall notify the Department of Public Safety |
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that the location of the child and the child's family is unknown. |
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The Department of Public Safety shall conduct an investigation to |
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determine the location of the child and the child's family using all |
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available resources to locate the child and the child's family, |
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including use of the child safety check alert list under Section |
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261.3022. If the Department of Public Safety locates the child and |
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the child's family, the Department of Public Safety shall notify |
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the department of the location of the child and the child's family. |
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SECTION 2. 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) Subject |
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to the availability of funds, the Department of Public Safety of the |
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State of Texas shall create a child safety check alert list as part |
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of the Texas Crime Information Center to help locate a child or the |
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child's family for purposes of investigating a report of child |
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abuse or neglect. |
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(b) If the child safety check alert list is established and |
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the department is unable to locate a child or the child's family |
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for purposes of investigating a report of child abuse or neglect, |
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after the department has attempted to locate the child or the |
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child's family for at least seven days [exhausted all means
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available to the department for locating the family], the |
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department shall notify the Texas Department of Public Safety that |
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the department is unable to locate the child or the child's family. |
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On receiving the notice, the Texas Department of Public Safety |
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shall [may seek assistance under this section from the appropriate
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county attorney, district attorney, or criminal district attorney
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with responsibility for representing the department as provided by
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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, if |
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available: |
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(1) the name and physical description of the family |
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member alleged to have abused or neglected a child according to the |
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report the department is attempting to investigate; |
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(2) the name and physical description of the child who |
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is the subject of the report; |
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(3) a code identifying the type of child abuse or |
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neglect alleged to have been committed against the child; |
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(4) the family's last known address; [and] |
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(5) a description of the motor vehicle, including the |
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vehicle's make, color, style of body, model year, and vehicle |
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identification number, in which the child is suspected to be |
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transported; |
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(6) the case number assigned by the department; |
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(7) the telephone number for the department employee |
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responsible for the investigation at which the employee can be |
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reached 24 hours a day; |
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(8) the date and time when and location where the child |
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was last seen; and |
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(9) any other information required [the minimum
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criteria] for an entry as established by the center. |
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SECTION 3. Section 261.3023, Family Code, is amended to |
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read as follows: |
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Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY |
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CHECK ALERT. (a) If a law enforcement officer encounters a person |
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listed on the Texas Crime Information Center's child safety check |
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alert list who is alleged to have abused or neglected a child, or |
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encounters a child listed on the alert list who is the subject of a |
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report of child abuse or neglect the department is attempting to |
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investigate, the officer shall: |
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(1) immediately detain all individuals in the |
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officer's presence that are described in the child safety check |
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alert list and take temporary custody of the child who is the |
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subject of a report of child abuse or neglect; |
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(2) immediately take into investigative detention all |
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motor vehicles described in the child safety check alert list; |
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(3) immediately notify the department of the |
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detention, including the location of the detention; and |
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(4) hold all persons detained at the location of the |
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initial contact by the law enforcement officer [request information
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from the person or the child regarding the child's well-being and
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current residence]. |
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(b) A person detained under Subsection (a) may not be |
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transported from the location of the detention unless the person is |
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lawfully arrested or the law enforcement officer detaining the |
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person believes the detention area is unsafe. A person may not be |
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detained under Subsection (a) for more than three hours. If the |
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department notifies the law enforcement officer that the department |
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is unable to respond to the location of the detention within |
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three |
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hours of initial detention, the law enforcement officer shall |
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obtain the child's current address and any other relevant |
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information, report that information to the department, and release |
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the detained individuals and motor vehicles. |
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(c) The requirement to detain an individual or motor vehicle |
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under this section does not preclude the enforcement of any other |
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state or federal law [If the law enforcement officer determines
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that the circumstances described by Section 262.104 exist, the
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officer may take possession of the child without a court order as
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authorized by that section if the officer is able to locate the
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child. If the circumstances described by Section 262.104 do not
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exist, the officer shall obtain the child's current address and any
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other relevant information and report that information to the
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department]. |
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SECTION 4. 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 detains the child |
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or the child's family under Section 261.3023 or [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 5. This Act takes effect September 1, 2015. |