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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 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) 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: |
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(1) investigating a report of child abuse or neglect |
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or conducting an alternative response as provided by Section |
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261.3015; |
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(2) providing protective services to a family |
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receiving in-home 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 and |
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the department is unable to locate a child or the child's family for |
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a purpose stated in Subsection (a) [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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child or the child's family, the department may seek assistance |
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under this section from the appropriate [county attorney, district
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attorney, or criminal district] attorney with responsibility for |
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representing the 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 child or the members of the child's family whom |
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the department is attempting to locate on a child safety check alert |
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list. The application must include a summary of: |
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(1) either: |
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(A) the report of child abuse or neglect the |
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department is attempting to investigate or for which the department |
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is attempting to conduct an alternative response; or |
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(B) the circumstances in a case described by |
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Subsection (a)(2) or (3) that cause a child to be at a substantial |
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risk of harm because the family cannot be located; and |
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(2) the department's efforts to locate the child or the |
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child's family. |
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(d) If the court determines after a hearing that the family |
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cannot be located to investigate or provide an alternative response |
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for a report of child abuse or neglect or that a child is at risk of |
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substantial harm because the family cannot be located and that the |
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department has exhausted all means available to the department for |
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locating the child or the child's family, as applicable, the court |
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shall approve the application and order the appropriate law |
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enforcement agency to notify the Texas Crime Information Center to |
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place the child or the child's family, as applicable, on a child |
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safety check alert list. The alert list must include: |
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(1) if applicable, the name 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 or for which the |
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department is attempting to conduct an alternative response; |
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(2) the name of any parent, managing conservator, or |
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guardian of the child who cannot be located for the purposes |
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described by Subsection (a); |
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(3) the name of the child who is the subject of the |
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report or an ongoing department case; |
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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) [(5)] the minimum criteria for an entry as |
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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. |