85R8493 MM-F
 
  By: Huffman S.B. No. 1571
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release of a child taken into possession by a law
  enforcement or juvenile probation officer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.273 to read as follows:
         Art. 2.273.  RELEASE OF CHILD BY LAW ENFORCEMENT OR JUVENILE
  PROBATION OFFICER. (a)  A law enforcement or juvenile probation
  officer who takes possession of a child under Section 262.104,
  Family Code, may release the child to:
               (1)  a residential child-care facility licensed by the
  Department of Family and Protective Services under Chapter 42,
  Human Resources Code, if the facility is authorized by the
  department to take possession of the child;
               (2)  a juvenile probation department;
               (3)  the Department of Family and Protective Services;
  or
               (4)  any other person authorized by law to take
  possession of the child.
         (b)  Before a law enforcement or juvenile probation officer
  may release a child to a person authorized by law to take possession
  of the child other than a governmental entity, the officer shall:
               (1)  verify with the National Crime Information Center
  that the child is not a missing child;
               (2)  search the relevant databases of the National
  Crime Information Center system, including those pertaining to
  protection orders, historical protection orders, warrants, sex
  offender registries, and persons on supervised release to:
                     (A)  verify that the person to whom the child is
  being released:
                           (i)  does not have an outstanding warrant;
                           (ii)  does not have a protective order
  issued against the person; and 
                           (iii)  is not registered as a sex offender;
  and
                     (B)  obtain any other information the Department
  of Family and Protective Services considers:
                           (i)  relevant to protect the welfare of the
  child; or
                           (ii)  reflective of the responsibility of
  the person to whom the child is being released;
               (3)  search the central registry of reported cases of
  child abuse or neglect established under Section 261.002, Family
  Code, to determine whether the person to whom the child is being
  released is listed in the registry as a person who abused or
  neglected a child;
               (4)  verify that the person to whom the child is being
  released is at least 18 years of age; and
               (5)  complete a form prescribed by the Department of
  Family and Protective Services that contains information about the
  child's placement, including:
                     (A)  identifying information about the child,
  including the child's name and pseudonyms; and
                     (B)  the name and address of the person to whom the
  child is being released. 
         SECTION 2.  This Act takes effect September 1, 2017.