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A BILL TO BE ENTITLED
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AN ACT
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relating to law enforcement agency policies regarding the placement |
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of a child taken into possession by a peace officer during a |
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person's arrest and placement information provided to the person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.274 to read as follows: |
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Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD. (a) |
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In this article, "law enforcement agency" has the meaning assigned |
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by Article 2.1386. |
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(b) Each law enforcement agency shall adopt a written policy |
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regarding the safe placement of a child who is in the care, custody, |
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or control of a person at the time the person is arrested. The |
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policy must require that: |
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(1) the arresting peace officer attempt to locate a |
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competent adult identified by the arrested person to whom the |
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officer may release the child; |
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(2) before releasing the child to an adult located |
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under Subdivision (1), the officer: |
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(A) search the relevant databases of the National |
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Crime Information Center system, including those pertaining to |
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protection orders, historical protection orders, warrants, sex |
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offender registries, and persons on supervised release to verify |
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that the adult: |
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(i) does not have an outstanding warrant; |
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(ii) does not have a protective order |
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issued against the adult; |
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(iii) is not registered as a sex offender; |
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and |
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(iv) has not previously been finally |
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convicted of any felony under Section 20A.03 or 21.02, Penal Code, |
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or listed in Article 42A.054(a); |
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(B) contact the Department of Family and |
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Protective Services to search the central registry of reported |
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cases of child abuse or neglect established under Section 261.002, |
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Family Code, to verify that the adult is not listed in the registry |
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as a person who abused or neglected a child; |
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(C) verify that the adult is at least 18 years of |
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age; and |
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(D) complete a form prescribed by the Department |
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of Family and Protective Services that contains information about |
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the child's placement, including: |
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(i) identifying information about the |
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child, including the child's name and pseudonyms; and |
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(ii) the name and address of the adult; |
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(3) if after a reasonable period of time the officer |
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does not locate a competent adult, the officer release the child to |
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a representative of the victim services division or other similar |
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division within the law enforcement agency to arrange the release |
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of the child to the Department of Family and Protective Services; |
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and |
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(4) the law enforcement agency periodically inform the |
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arrested person about the care and custody status of the person's |
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child. |
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(c) Each law enforcement agency shall enter into an |
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agreement with the Department of Family and Protective Services |
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that provides the procedures for the law enforcement agency to |
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release a child to the care of the department. |
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SECTION 2. Chapter 493, Government Code, is amended by |
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adding Section 493.032 to read as follows: |
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Sec. 493.032. INFORMATION ABOUT CHILD OF INCARCERATED |
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PARENT. The department shall periodically inform a person who is |
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confined in a facility operated by or under contract with the |
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department and is the parent of a child for whom the Department of |
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Family and Protective Services has been named temporary managing |
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conservator of the care and custody status of the person's child. |
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SECTION 3. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.074 to read as follows: |
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Sec. 40.074. INFORMATION ABOUT CHILD OF INCARCERATED |
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PARENT. (a) The department shall periodically inform the law |
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enforcement agency that arrested a person who is the parent of a |
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child for whom the department has been named temporary managing |
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conservator of the care and custody status of the person's child. |
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(b) If the law enforcement agency described by Subsection |
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(a) notifies the department that the arrested person is confined in |
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a county jail, the department shall periodically inform the |
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sheriff's office of the county in which the person is confined of |
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the care and custody status of the person's child. |
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(c) If the law enforcement agency described by Subsection |
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(a) notifies the department that the arrested person is confined in |
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a facility operated by or under contract with the Texas Department |
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of Criminal Justice, the department shall periodically inform the |
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Texas Department of Criminal Justice of the care and custody status |
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of the person's child. |
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SECTION 4. Subchapter C, Chapter 351, Local Government |
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Code, is amended by adding Section 351.048 to read as follows: |
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Sec. 351.048. INFORMATION ABOUT CHILD OF INCARCERATED |
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PARENT. The sheriff of a county shall periodically inform a person |
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who is confined in the county jail and is the parent of a child for |
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whom the Department of Family and Protective Services has been |
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named temporary managing conservator of the care and custody status |
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of the person's child. |
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SECTION 5. Not later than June 1, 2020, each law enforcement |
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agency in this state shall adopt the policy and enter into the |
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agreement required by Article 2.274, Code of Criminal Procedure, as |
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added by this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |