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CODE OF CRIMINAL PROCEDURE CHAPTER 63.
MISSING CHILDREN AND MISSING PERSONS
Art. 63.001. Definitions
In this chapter:
(1) "Child" means a person under 18 years of age.
(2) "Missing person" means a person 18 years old or older whose
disappearance is possibly not voluntary.
(3) "Missing child" means a child whose whereabouts are unknown
to
the child's legal custodian, the circumstances of whose absence
indicate that:
(A) the child did not voluntarily leave the care and control of the
custodian, and the taking of the child was not authorized by law;
(B) the child voluntarily left the care and control of his legal
custodian without the custodian's consent and without intent to
return; or
(C) the child was taken or retained in violation of the terms of a
court order for possession of or access to the child.
(4) "Missing child" or "missing person" also includes
a person of
any age who is missing and:
(A) is under proven physical or mental disability or is senile, and
because of one or more of these conditions is subject to immediate
danger or is a danger to others;
(B) is in the company of another person or is in a situation the
circumstances of which indicate that the missing child's or missing
person's safety is in doubt; or
(C) is unemancipated as defined by the law of this state.
(5) "Missing child or missing person report" or "report" means
information that is:
(A) given to a law enforcement agency on a form used for sending
information to the national crime information center; and
(B) about a child or missing person whose whereabouts are unknown to
the reporter and who is alleged in the form by the reporter to be
missing.
(6) "Legal custodian of a child" means a parent of a child if no
managing conservator or guardian of the person of the child has been
appointed, the managing conservator of a child or a guardian of a
child if a managing conservator or guardian has been appointed for
the child, a possessory conservator of a child if the child is
absent from the possessory conservator of the child at a time when
the possessory conservator is entitled to possession of the child
and the child is not believed to be with the managing conservator,
or any other person who has assumed temporary care and control of a
child if at the time of disappearance the child was not living with
his parent, guardian, managing conservator, or possessory
conservator.
(7) "Clearinghouse" means the missing children and missing persons
information clearinghouse.
(8) "Law enforcement agency" means a police department of a city
in
this state, a sheriff of a county in this state, or the Department
of Public Safety.
(9) "Possible match" occurs if the similarities between an
unidentified body and a missing child or person would lead one to
believe they are the same person.
(10) "City or state agency" means an employment commission, the
Texas Department of Human Services, the Texas Department of
Transportation, and any other agency that is funded or supported by
the state or a city government.
(11) "Birth certificate agency" means a municipal or county
official that records and maintains birth certificates and the
bureau of vital statistics.
(12) "Bureau of vital statistics" means the bureau of vital
statistics of the Texas Department of Health.
(13) "School" means a public primary school or private primary
school that charges a fee for tuition and has more than 25 students
enrolled and attending courses at a single location.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Amended by Acts 1987, 70th Leg., ch. 657, Sec. 1, eff. June 18,
1987; Acts 1987, 70th Leg., ch. 1052, Sec. 7.03, eff. Sept. 1,
1987. Renumbered from V.T.C.A., Human Resources Code Sec. 74.001
by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(43), eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 178, Sec. 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 51, Sec. 1; Acts 1997, 75th Leg.,
ch. 1084, Sec. 1, eff. Sept. 1, 1997. Renumbered from V.T.C.A.,
Human Resources Code Sec. 79.001 and amended by Acts 1997, 75th
Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Subd. (3) amended by
Acts 1999, 76th Leg., ch. 62, Sec. 3.10, eff. Sept. 1, 1999.
Renumbered from Vernon's Ann.C.C.P. art. 62.001 and amended by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
Art. 63.0015. Presumption Regarding Parentage
For purposes of this chapter, a person named as a child's mother or
father in the child's birth certificate is presumed to be the
child's parent.
Added by Acts 1999, 76th Leg., ch. 685, Sec. 2, eff. Sept. 1, 1999.
Art. 63.002. Missing Children and Missing Persons Information
Clearinghouse
(a) The missing children and missing persons information
clearinghouse is established within the Department of Public
Safety.
(b) The clearinghouse is under the administrative direction of the
director of the department.
(c) The clearinghouse shall be used by all law enforcement agencies
of the state.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.002 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.002 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.002 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
Art. 63.003. Function of Clearinghouse
(a) The clearinghouse is a central repository of information on
missing children and missing persons.
(b) The clearinghouse shall:
(1) establish a system of intrastate communication of information
relating to missing children and missing persons;
(2) provide a centralized file for the exchange of information on
missing children, missing persons, and unidentified dead bodies
within the state;
(3) communicate with the national crime information center for the
exchange of information on missing children and missing persons
suspected of interstate travel;
(4) collect, process, maintain, and disseminate accurate and
complete information on missing children and missing persons;
(5) provide a statewide toll-free telephone line for the reporting
of missing children and missing persons and for receiving
information on missing children and missing persons; and
(6) provide and disseminate to legal custodians, law enforcement
agencies, and the Texas Education Agency information that explains
how to prevent child abduction and what to do if a child becomes
missing.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.003 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.59, eff. Sept. 1,
1997. Renumbered from V.T.C.A., Human Resources Code Sec. 79.003
and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,
1997. Renumbered from Vernon's Ann.C.C.P. art. 62.003 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
Art. 63.004. Report Forms
(a) The Department of Public Safety shall distribute missing
children and missing person report forms.
(b) A missing child or missing person report may be made to a law
enforcement officer authorized by that department to receive
reports in person or by telephone or other indirect method of
communication and the officer may enter the information on the form
for the reporting person. A report form may also be completed by
the reporting person and delivered to a law enforcement officer.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.004 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.004 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.004 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
Art. 63.005. Distribution of Information
(a) The clearinghouse shall print and distribute posters, flyers,
and other forms of information containing descriptions of missing
children.
(b) The clearinghouse shall also provide to the Texas Education
Agency information about missing children who may be located in the
school systems.
(c) The clearinghouse may also receive information about missing
children from the Public Education Information Management System of
the Texas Education Agency and from school districts.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.005 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 190, Sec. 2, eff. Aug. 28,
1989; Acts 1997, 75th Leg., ch. 165, Sec. 6.60, eff. Sept. 1, 1997.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.005 and
amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,
1997. Renumbered from Vernon's Ann.C.C.P. art. 62.005 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999.
Art. 63.006. Release of Dental Records
(a) At the time a report is made for a missing child, the person to
whom the report is given shall give or mail to the reporter a dental
record release form. The officer receiving the report shall
endorse the form with the notation that a missing child report has
been made in compliance with this chapter. When the form is
properly completed by the reporter, and contains the endorsement,
the form is sufficient to permit any dentist or physician in this
state to release dental records relating to the child reported
missing.
(b) At any time a report is made for a missing person the law
enforcement officer taking the report shall complete a dental
release form that states that the person is missing and that there
is reason to believe that the person has not voluntarily relocated
or removed himself from communications with others and that
authorizes the bearer of the release to obtain dental information
records from any dentist or physician in this state.
(c) Any person who obtains dental records through the use of the
form authorized by this article shall send the records to the
clearinghouse.
(d) The judge of any court of record of this state may for good cause
shown authorize the release of dental records of a missing child or
missing person.
(e) A dentist or physician who releases dental records to a person
presenting a proper release executed or ordered under this article
is immune from civil liability or criminal prosecution for the
release of those records.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.006 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.006 and
amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,
1997. Subsec. (b) amended by Acts 1999, 76th Leg., ch. 685, Sec. 3,
eff. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art.
62.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept.
1, 1999.
Art. 63.007. Release of Medical Records
(a) At the time a report is made for a missing child or adult, the
law enforcement officer taking the report shall give a medical
record release form to the parent, spouse, adult child, or legal
guardian who is making the report. The officer receiving the report
shall endorse the form with the notation that a missing child or
missing adult report has been made in compliance with this chapter.
When the form is properly completed by the parent, spouse, adult
child, or legal guardian, and contains the endorsement, the form is
sufficient to permit any physician, health care facility, or other
licensed health care provider in this state to release to the law
enforcement officer presenting the release dental records, blood
type, height, weight, X rays, and information regarding scars,
allergies, or any unusual illnesses suffered by the person who is
reported missing. Except as provided by Subsection (d), a medical
record of a missing child may be released only if the medical record
release form is signed by a parent or legal guardian.
(b) At any time a report is made for an adult missing person, the law
enforcement officer taking the report shall complete a medical
release form that states that the person is missing and that there
is reason to believe that the person has not voluntarily relocated
or removed himself or herself from communications with others. A
release under this subsection is not valid unless it is signed by
the adult missing person's:
(1) spouse;
(2) adult child who is reasonably available;
(3) parent; or
(4) legal guardian.
(c) A law enforcement officer who obtains medical records under
this article shall send a copy of the records to the clearinghouse.
A law enforcement officer who obtains records under this article, a
law enforcement agency using the records, and the clearinghouse are
prohibited from disclosing the information contained in or obtained
through the medical records unless permitted by law. Information
contained in or obtained through medical records may be used only
for purposes directly related to locating the missing person.
(d) The judge of any court of record of this state may for good cause
shown authorize the release of pertinent medical records of a
missing child or missing adult.
(e) A physician, health care facility, or other licensed health
care provider releasing a medical record to a person presenting a
proper release executed or ordered under this article is immune
from civil liability or criminal prosecution for the release of the
record.
Added by Acts 1995, 74th Leg., ch. 438, Sec. 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.0065 and
amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,
1997. Renumbered from Vernon's Ann.C.C.P. art. 62.007 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.008. Missing Children Program
(a) The Texas Education Agency shall develop and administer a
program for the location of missing children who may be enrolled
within the Texas school system, including nonpublic schools, and
for the reporting of children who may be missing or who may be
unlawfully removed from schools.
(b) The program shall include the use of information received from
the missing children and missing persons information clearinghouse
and shall be coordinated with the operations of that information
clearinghouse.
(c) The State Board of Education may adopt rules for the operation
of the program and shall require the participation of all school
districts and accredited private schools in this state.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.007 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.61, eff. Sept. 1,
1997. Renumbered from V.T.C.A., Human Resources Code Sec. 79.007
and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,
1997. Renumbered from Vernon's Ann.C.C.P. art. 62.008 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.009. Law Enforcement Requirements
(a) Local law enforcement agencies, on receiving a report of a
missing child or a missing person, shall:
(1) if the subject of the report is a child and the well-being of the
child is in danger or if the subject of the report is a person who is
known by the agency to have or is reported to have chronic dementia,
including Alzheimer's dementia, whether caused by illness, brain
defect, or brain injury, immediately start an investigation in
order to determine the present location of the child or person;
(2) if the subject of the report is a child or person other than a
child or person described by Subdivision (1), start an
investigation with due diligence in order to determine the present
location of the child or person;
(3) immediately enter the name of the child or person into the
clearinghouse, the national crime information center missing
person file if the child or person meets the center's criteria, and
the Alzheimer's Association Safe Return crisis number, if
applicable, with all available identifying features such as dental
records, fingerprints, other physical characteristics, and a
description of the clothing worn when last seen, and all available
information describing any person reasonably believed to have taken
or retained the missing child or missing person; and
(4) inform the person who filed the report of the missing child or
missing person that the information will be entered into the
clearinghouse, the national crime information center missing
person file, and the Alzheimer's Association Safe Return crisis
number, if applicable.
(b) Information not immediately available shall be obtained by the
agency and entered into the clearinghouse and the national crime
information center file as a supplement to the original entry as
soon as possible.
(c) All Texas law enforcement agencies are required to enter
information about all unidentified bodies into the clearinghouse
and the national crime information center unidentified person file.
A law enforcement agency shall, not later than the 10th working day
after the date the death is reported to the agency, enter all
available identifying features of the unidentified body
(fingerprints, dental records, any unusual physical
characteristics, and a description of the clothing found on the
body) into the clearinghouse and the national crime information
center file. If an information entry into the national crime
information center file results in an automatic entry of the
information into the clearinghouse, the law enforcement agency is
not required to make a direct entry of that information into the
clearinghouse.
(d) If a local law enforcement agency investigating a report of a
missing child or missing person obtains a warrant for the arrest of
a person for taking or retaining the missing child or missing
person, the local law enforcement agency shall immediately enter
the name and other descriptive information of the person into the
national crime information center wanted person file if the person
meets the center's criteria. The local law enforcement agency
shall also enter all available identifying features, including
dental records, fingerprints, and other physical characteristics
of the missing child or missing person. The information shall be
cross-referenced with the information in the national crime
information center missing person file.
(e) A local law enforcement agency that has access to the national
crime information center database shall cooperate with other law
enforcement agencies in entering or retrieving information from the
national crime information center database.
(f) Immediately after the return of a missing child or missing
person or the identification of an unidentified body, the local law
enforcement agency having jurisdiction of the investigation shall
cancel the entry in the national crime information center database.
(g) On determining the location of a child under Subsection (a)(1)
or (2), other than a child who is subject to the continuing
jurisdiction of a district court, an officer shall take possession
of the child and shall deliver or arrange for the delivery of the
child to a person entitled to possession of the child. If the
person entitled to possession of the child is not immediately
available, the law enforcement officer shall deliver the child to
the Department of Protective and Regulatory Services.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Amended by Acts 1987, 70th Leg., ch. 657, Sec. 2, eff. June 18,
1987. Renumbered from V.T.C.A., Human Resources Code Sec. 74.008
by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 190, Sec. 3, eff. Aug.
28, 1989; Acts 1997, 75th Leg., ch. 51, Sec. 2, eff. May 7, 1997;
Acts 1997, 75th Leg., ch. 771, Sec. 1, eff. Sept. 1, 1997.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.008 and
amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,
1997. Subsec. (a) amended by Acts 1999, 76th Leg., ch. 62, Sec.
3.11, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 200,
Sec. 1, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch.
685, Sec. 4, eff. Sept. 1, 1999; Subsec. (g) added by Acts 1999,
76th Leg., ch. 62, Sec. 3.12, eff. Sept. 1, 1999; added by Acts
1999, 76th Leg., ch. 200, Sec. 2, eff. Sept. 1, 1999; added by Acts
1999, 76th Leg., ch. 685, Sec. 5, eff. Sept. 1, 1999. Renumbered
from Vernon's Ann.C.C.P. art. 62.009 and amended by Acts 1999, 76th
Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999. Subsec. (g)
amended by Acts 2001, 77th Leg., ch. 1420, Sec. 3.005, eff. Sept. 1,
2001.
Art. 63.010. Attorney General to Require Compliance
The attorney general shall require each law enforcement agency to
comply with this chapter and may seek writs of mandamus or other
appropriate remedies to enforce this chapter.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.009 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.009 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.010 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.011. Missing Children Investigations
On the written request made to a law enforcement agency by a parent,
foster parent, managing or possessory conservator, guardian of the
person or the estate, or other court-appointed custodian of a child
whose whereabouts are unknown, the law enforcement agency shall
request from the missing children and missing persons information
clearinghouse information concerning the child that may aid the
person making the request in the identification or location of the
child.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.010 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.010 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.011 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.012. Report of Inquiry
A law enforcement agency to which a request has been made under
Article 63.011 of this code shall report to the parent on the
results of its inquiry within 14 days after the day that the written
request is filed with the law enforcement agency.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.011 and
amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), (27),
eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code
Sec. 79.011 and amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1,
eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art.
62.012 and amended by Acts 1999, 76th Leg., ch. 62, Sec.
19.01(8)(A), eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg.,
ch. 62, Sec. 19.02(1), eff. Sept. 1, 1999
Art. 63.013. Information to Clearinghouse
Each law enforcement agency shall provide to the missing children
and missing persons information clearinghouse any information that
would assist in the location or identification of any missing child
who has been reported to the agency as missing.
Added by Act 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.012 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.012 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.013 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.014. Cross-Checking and Matching
(a) The clearinghouse shall cross-check and attempt to match
unidentified bodies with missing children or missing persons. When
the clearinghouse discovers a possible match between an
unidentified body and a missing child or missing person, the
Department of Public Safety shall notify the appropriate law
enforcement agencies.
(b) Those law enforcement agencies that receive notice of a
possible match shall make arrangements for positive identification
and complete and close out the investigation with notification to
the clearinghouse.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.013 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.013 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.014 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.015. Availability of Information Through Other Agencies
(a) On the request of any law enforcement agency, a city or state
agency shall furnish the law enforcement agency with any
information about a missing child or missing person that will
assist in completing the investigation.
(b) The information given under Subsection (a) of this article is
confidential and may not be released to any other person outside of
the law enforcement agency.
Added by Acts 1985, 69th Leg., ch. 132, Sec. 1, eff. May 22, 1985.
Renumbered from V.T.C.A., Human Resources Code Sec. 74.014 by Acts
1987, 70th Leg., ch. 167, Sec. 5.01(a)(26), eff. Sept. 1, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.014 and
amended by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1,
1997. Renumbered from Vernon's Ann.C.C.P. art. 62.015 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.016. Donations
The Department of Public Safety may accept money donated from any
source to assist in financing the activities and purposes of the
missing children and missing persons information clearinghouse.
Added by Acts 1987, 70th Leg., ch. 894, Sec. 1, eff. June 19, 1987.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.015 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.016 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.017. Confidentiality of Certain Records
Clearinghouse records that relate to the investigation by a law
enforcement agency of a missing child, a missing person, or an
unidentified body and records or notations that the clearinghouse
maintains for internal use in matters relating to missing children,
missing persons, or unidentified bodies are confidential.
Added by Acts 1989, 71st Leg., ch. 190, Sec. 1, eff. Aug. 28, 1989.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.016 by Acts
1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Vernon's Ann.C.C.P. art. 62.017 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.018. Death Certificates
A physician who performs a postmortem examination on the body of an
unidentified person shall complete and file a death certificate in
accordance with Chapter 193, Health and Safety Code. The physician
shall note on the certificate the name of the law enforcement agency
that submitted the body for examination and shall send a copy of the
certificate to the clearinghouse not later than the 10th working
day after the date the physician files the certificate.
Added by Acts 1997, 75th Leg., ch. 1427, Sec. 1, eff. Sept. 1, 1997.
Renumbered from Vernon's Ann.C.C.P. art. 62.018 by Acts 1999, 76th
Leg., ch. 62, Sec. 19.01(8)(A), eff. Sept. 1, 1999
Art. 63.019. School Records System
(a) On enrollment of a child under 11 years of age in a school for
the first time at the school, the school shall:
(1) request from the person enrolling the child the name of each
previous school attended by the child;
(2) request from each school identified in Subdivision (1), the
school records for the child and, if the person enrolling the child
provides copies of previous school records, request verification
from the school of the child's name, address, birth date, and grades
and dates attended; and
(3) notify the person enrolling the student that not later than the
30th day after enrollment, or the 90th day if the child was not born
in the United States, the person must provide:
(A) a certified copy of the child's birth certificate; or
(B) other reliable proof of the child's identity and age and a
signed statement explaining the person's inability to produce a
copy of the child's birth certificate.
(b) If a person enrolls a child under 11 years of age in school and
does not provide the valid prior school information or
documentation required by this section, the school shall notify the
appropriate law enforcement agency before the 31st day after the
person fails to comply with this section. On receipt of
notification, the law enforcement agency shall immediately check
the clearinghouse to determine if the child has been reported
missing. If the child has been reported missing, the law
enforcement agency shall immediately notify other appropriate law
enforcement agencies that the missing child has been located.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.017 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999
Art. 63.020. Duty of Schools and Other Entities to Flag Missing
Children's Records
(a) When a report that a child under 11 years of age is missing is
received by a law enforcement agency, the agency shall immediately
notify each school and day care facility that the child attended or
in which the child was enrolled as well as the bureau of vital
statistics, if the child was born in the state, that the child is
missing.
(b) On receipt of notice that a child under 11 years of age is
missing, the bureau of vital statistics shall notify the
appropriate municipal or county birth certificate agency that the
child is missing.
(c) A school, day care facility, or birth certificate agency that
receives notice concerning a child under this section shall flag
the child's records that are maintained by the school, facility, or
agency.
(d) The law enforcement agency shall notify the clearinghouse that
the notification required under this section has been made. The
clearinghouse shall provide the notice required under this section
if the clearinghouse determines that the notification has not been
made by the law enforcement agency.
(e) If a missing child under 11 years of age, who was the subject of
a missing child report made in this state, was born in or attended a
school or licensed day care facility in another state, the law
enforcement agency shall notify law enforcement or the missing and
exploited children clearinghouse in each appropriate state
regarding the missing child and request the law enforcement agency
or clearinghouse to contact the state birth certificate agency and
each school or licensed day care facility the missing child
attended to flag the missing child's records.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.018 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999
Art. 63.021. System for Flagging Records
(a) On receipt of notification by a law enforcement agency or the
clearinghouse regarding a missing child under 11 years of age, the
school, day care facility, or birth certificate agency shall
maintain the child's records in its possession so that on receipt of
a request regarding the child, the school, day care facility, or
agency will be able to notify law enforcement or the clearinghouse
that a request for a flagged record has been made.
(b) When a request concerning a flagged record is made in person,
the school, day care facility, or agency may not advise the
requesting party that the request concerns a missing child and
shall:
(1) require the person requesting the flagged record to
complete a form stating the person's name, address, telephone
number, and relationship to the child for whom a request is made and
the name, address, and birth date of the child;
(2) obtain a copy of the requesting party's driver's license
or other photographic identification, if possible;
(3) if the request is for a birth certificate, inform the
requesting party that a copy of a certificate will be sent by mail;
and
(4) immediately notify the appropriate law enforcement
agency that a request has been made concerning a flagged record and
include a physical description of the requesting party, the
identity and address of the requesting party, and a copy of the
requesting party's driver's license or other photographic
identification.
(c) After providing the notification required under Subsection
(a)(4), the school, day care facility, or agency shall mail a copy
of the requested record to the requesting party on or after the 21st
day after the date of the request.
(d) When a request concerning a flagged record is made in writing,
the school, day care facility, or agency may not advise the party
that the request concerns a missing child and shall immediately
notify the appropriate law enforcement agency that a request has
been made concerning a flagged record and provide to the law
enforcement agency a copy of the written request. After providing
the notification under this subsection, the school, day care
facility, or agency shall mail a copy of the requested record to the
requesting party on or after the 21st day after the date of the
request.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.019 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.
Art. 63.022. Removal of Flag From Records
(a) On the return of a missing child under 11 years of age, the law
enforcement agency shall notify each school or day care facility
that has maintained flagged records for the child and the bureau of
vital statistics that the child is no longer missing. The law
enforcement agency shall notify the clearinghouse that
notification under this section has been made. The bureau of vital
statistics shall notify the appropriate municipal or county birth
certificate agency. The clearinghouse shall notify the school, day
care facility, or bureau of vital statistics that the missing child
is no longer missing if the clearinghouse determines that the
notification was not provided by the law enforcement agency.
(b) On notification by the law enforcement agency or the
clearinghouse that a missing child has been recovered, the school,
day care facility, or birth certificate agency that maintained
flagged records shall remove the flag from the records.
(c) A school, day care facility, or birth certificate agency that
has reason to believe a missing child has been recovered may request
confirmation that the missing child has been recovered from the
appropriate law enforcement agency or the clearinghouse. If a
response is not received after the 45th day after the date of the
request for confirmation, the school, day care facility, or birth
certificate agency may remove the flag from the record and shall
inform the law enforcement agency or the clearinghouse that the
flag has been removed.
Added by Acts 1997, 75th Leg., ch. 1084, Sec. 2, eff. Sept. 1, 1997.
Renumbered from V.T.C.A., Human Resources Code Sec. 79.020 by Acts
1999, 76th Leg., ch. 62, Sec. 19.01(8)(B), eff. Sept. 1, 1999.
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