84R6982 MCK-D
 
  By: Farney, Craddick, Thompson of Harris, H.B. No. 2053
      Burkett, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the protection of certain children who may be subject to
  child abuse or neglect through the operation of the child safety
  check alert list.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.301, Family Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  If at any time during an investigation of a report of
  child abuse or neglect to which the department has assigned the
  highest priority the department is unable to locate the child who is
  the subject of the report of abuse or neglect or the child's
  family, the department shall notify the Department of Public Safety
  that the location of the child and the child's family is unknown.
  The Department of Public Safety shall conduct an investigation to
  determine the location of the child and the child's family using all
  available resources to locate the child and the child's family,
  including use of the child safety check alert list under Section
  261.3022. If the Department of Public Safety locates the child and
  the child's family, the Department of Public Safety shall notify
  the department of the location of the child and the child's family.
         SECTION 2.  Section 261.3022, Family Code, is amended to
  read as follows:
         Sec. 261.3022.  CHILD SAFETY CHECK ALERT LIST. (a) Subject
  to the availability of funds, the Department of Public Safety of the
  State of Texas shall create a child safety check alert list as part
  of the Texas Crime Information Center to help locate a child or the
  child's family for purposes of investigating a report of child
  abuse or neglect.
         (b)  If the child safety check alert list is established and
  the department is unable to locate a child or the child's family
  for purposes of investigating a report of child abuse or neglect,
  after the department has exhausted all means available to the
  department for locating the child or the child's family, the
  department shall notify the Texas Department of Public Safety that
  the department is unable to locate the child or the child's family.
  On receiving the notice, the Texas Department of Public Safety
  shall [may seek assistance under this section from the appropriate
  county attorney, district attorney, or criminal district attorney
  with responsibility for representing the department as provided by
  Section 264.009.
         [(c)     If the department requests assistance, the county
  attorney, district attorney, or criminal district attorney, as
  applicable, may file an application with the court requesting the
  issuance of an ex parte order requiring the Texas Crime Information
  Center to place the members of the family the department is
  attempting to locate on a child safety check alert list. The
  application must include a summary of:
               [(1)     the report of child abuse or neglect the
  department is attempting to investigate; and
               [(2)  the department's efforts to locate the family.
         [(d)     If the court determines after a hearing that the
  department has exhausted all means available to the department for
  locating the family, the court shall approve the application and
  order the appropriate law enforcement agency to] notify the Texas
  Crime Information Center to place the child and the child's family
  on a child safety check alert list. The alert list must include, if
  available:
               (1)  the name and physical description of the family
  member alleged to have abused or neglected a child according to the
  report the department is attempting to investigate;
               (2)  the name and physical description of the child who
  is the subject of the report;
               (3)  a code identifying the type of child abuse or
  neglect alleged to have been committed against the child;
               (4)  the family's last known address; [and]
               (5)  a description of the motor vehicle, including the
  vehicle's make, color, style of body, model year, and vehicle
  identification number, in which the child is suspected to be
  transported;
               (6)  the case number assigned by the department;
               (7)  the telephone number for the department employee
  responsible for the investigation at which the employee can be
  reached 24 hours a day;
               (8)  the date and time when and location where the child
  was last seen; and
               (9)  any other information required [the minimum
  criteria] for an entry as established by the center.
         SECTION 3.  Section 261.3023, Family Code, is amended to
  read as follows:
         Sec. 261.3023.  LAW ENFORCEMENT RESPONSE TO CHILD SAFETY
  CHECK ALERT. (a) If a law enforcement officer encounters a person
  listed on the Texas Crime Information Center's child safety check
  alert list who is alleged to have abused or neglected a child, or
  encounters a child listed on the alert list who is the subject of a
  report of child abuse or neglect the department is attempting to
  investigate, the officer shall:
               (1)  immediately detain all individuals in the
  officer's presence that are described in the child safety check
  alert list and take temporary custody of the child who is the
  subject of a report of child abuse or neglect;
               (2)  immediately take into investigative detention all
  motor vehicles described in the child safety check alert list;
               (3)  immediately notify the department of the
  detention, including the location of the detention; and 
               (4)  hold all persons detained at the location of the
  initial contact by the law enforcement officer [request information
  from the person or the child regarding the child's well-being and
  current residence].
         (b)  A person detained under Subsection (a) may not be
  transported from the location of the detention unless the person is
  lawfully arrested. A person may not be detained under Subsection
  (a) for more than six hours. If the department notifies the law
  enforcement officer that the department is unable to respond to the
  location of the detention within six hours of initial detention,
  the law enforcement officer shall obtain the child's current
  address and any other relevant information, report that information
  to the department, and release the detained individuals and motor
  vehicles.
         (c)  The requirement to detain an individual or motor vehicle
  under this section does not preclude the enforcement of any other
  state or federal law [If the law enforcement officer determines
  that the circumstances described by Section 262.104 exist, the
  officer may take possession of the child without a court order as
  authorized by that section if the officer is able to locate the
  child. If the circumstances described by Section 262.104 do not
  exist, the officer shall obtain the child's current address and any
  other relevant information and report that information to the
  department].
         SECTION 4.  Section 261.3024(a), Family Code, is amended to
  read as follows:
         (a)  A law enforcement officer who locates a child listed on
  the Texas Crime Information Center's child safety check alert list
  who is the subject of a report of child abuse or neglect the
  department is attempting to investigate and who detains the child
  or the child's family under Section 261.3023 or [who] reports the
  child's current address and other relevant information to the
  department under Section 261.3023 shall report to the Texas Crime
  Information Center that the child has been located.
         SECTION 5.  This Act takes effect September 1, 2015.