Missing Children and Missing Persons
Terms
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- Art. 63.001 Definitions.
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1. Child-under 18.
2. Missing person-over 18. Disappearance is not voluntary.
3. Missing child-whereabouts unknown to legal custodian, circumstances indicate;
a. child didn't leave voluntarily
and wasn't authorized
b. child left voluntarily without
intent to return
c. child was taken or retained in
violation of court order
4. Missing person/child also includes person of any age and;
a. physical/mental disability and
is in any danger
b. in the company or situation
that their safety is in doubt
c. is unemancipated - Art. 63.0015 Presumption Regarding Parentage.
- Person named on birth certificate is presumed parent.
- Art. 63.002 Missing Children and Missing Persons Information Clearinghouse.
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1. Established by D.P.S.
2. Under D.P.S. director
3. Used by all agencies in state - Art. 63.003 Function of Clearinghouse.
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1. Central repository of information.
2. Clearinghouse shall;
a. establish system for intrastate
communication
b. provide centralized file to
exchange information or missing
and unidentified bodies
c. communicate with NCIC for
exchange of information
d. collect, process, maintain,
disseminate accurate and
complete information
e. provide toll free # for
reporting missing and receiving
information on missing
f. provide and disseminate
information on how to prevent
child abduction and what to do
if a child becomes missing - Art. 63.004 Report Forms.
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1. D.P.S. shall distribute forms.
2. Report may be made by local agency in person or by phone or other methods. May be completed by individual and delivered to Law Enforcement officer. - Art. 63.005 Distribution of Information.
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1. Clearinghouse shall print and distribute posters, flyers and other information containing descriptions of missing children.
2. Clearinghouse will provide information to Texas Education Agency about missing who may be in schools.
3. Clearinghouse may receive information from school systems. - Art. 63.006 Release of Dental Records.
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1. A dental release form sahll be given to person making report. Upon completion it is sufficient for dentist to release records.
2. Officer shall state on form that missing report is made and that the person hasn't voluntarily relocated or removed himself from communications and that the bearer of the form is authorized for release.
3. Records obtained shall be sent to clearinghouse.
4. Judge may order release of records.
5. Dentist/physician releasing records is immune from liability. - Art. 63.007 Release of Medical Records.
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1. At time of report a medical record release form shall be given to the parent, spouse, adult child or legal guardian. Upon completion it authorizes releases of dental records, blood type, height, weight, x-rays, scars, allergies, unusual illnesses suffered by missing.
2. The form is not valid unless signed by;
a. spouse
b. adult child
c. parent
d. legal guardian
3. Records shall be forwarded to clearinghouse and may not be disclosed for any reason other than to directly locating missing.
4. Judge may authorize release.
5. Health care providers are immune from liability. - Art. 63.008 Missing Children Program.
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1. Texas Education Agency shall develop program to locate missing children within school systems.
2. Program will include information from clearinghouse.
3. State Board of Educators may adopt rules for operation and shall require participation of school districts and accredited private schools. - Art. 63.009 Law Enforcement Requirements.
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1. On receiving report of missing child/person shall;
a. if child in danger or person of
chronic dementia, immediately
start investigation
b. if child or adult, start
investigation with due
diligence
c. immediately enter name of
person into clearinghouse, NCIC
or Alzheimers Association Safe
Return crisis number, with all
available identifyers
d. inform person making report
that name will be entered
2. Information not immediately available should be entered asap.
3. Agencies are required to enter all unidentified bodies into the clearinghouse & NCIC within 10 days. Should include identifiers.
4. If a warrant is obtained for person taking or restraining a child/adult, enter into NCIC.
5. Agencies shall cooperate in entering or retrieving information.
6. After locating missing or identifing body, remove entry from NCIC.
7. Upon locating the missing child, officer shall release them to person entitled to possession or to Department of Protective and Regulatory Services. - Art. 63.022 Removal of Flag from Records.
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1. Upon return of a child under 11, Law Enforcement agency will notify all parties who will notify their respective parties that the child is no longer missing.
2. Upon notification of return, the flag shall be removed from records.
3. If school, day care or birth certificate agency has reason to believe child is returned, may request confirmation from agencies. If no response received within 45 days, flag may be removed. - Art. 63.010 Attorney General to Require Compliance.
- Attorney General shall require each Law Enforcement agency to comply.
- Art. 63.011 Missing Children Investigations.
- On written request by childs legal guardian, custodian or parent, the Law Enforcement agency shall request from the clearinghouse all information concerning a missing child that may aid in identifying or locating the child.
- Art. 63.012 Report of Injury.
- Law Enforcement agency shall report to the party requesting a clearinghouse inquiry within 14 days.
- Art. 63.013 Information to Clearinghouse.
- Law Enforcement agencies shall provide to the clearinghouse any information that would assist in locating the child.
- Art. 63.014 Cross-checking and Matching.
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1. Clearinghouse will attempt to cross-check and match unidentified bodies with missing persons. If match is discovered, DPS will notify agency.
2. Agency that receives notice shall make arrangements for positive I.D. and complete/close out the investigation with notification to clearinghouse. - Art. 63.015 Availability of Information Through other Agencies.
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1. On request of Law Enforcement agency, all other agency shall provide information to assist.
2. Information is confidential and for Law Enforcement use only. - Art. 63.016 Donations.
- D.P.S. may accept donations to assist in finances of clearinghouse.
- Art. 63.017 Confidentiality of Certain Records.
- Records relating to Law Enforcement investigation and records or notations that are maintained for internal clearinghouse matters are confidential.
- Art. 63.018 Death Certificates.
- Doctor who performs autopsy on unidentified body will complete/file death certificate. Will identify Law Enforcement agency and send report to clearinghouse within 10 working days.
- Art. 63.019 School Records System.
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1. On enrollment of a child under 11 in new school, they shall;
a. request previous schools
attended
b. request records and
verification of childs name,
address, DOB and grades and
dates attended
c. person must provide within 30
days if US born, 90 days if
born outside US;
1. certified birth
certificate or;
2. other reliable proof
with statement as to
why no birth
certificate was
provided
2. If person enrolls child under 11 and doesn't provide prior school information, the school shall notify Law Enforcement agency before 31st day. Law Enforcement agency will check clearinghouse for missing and notify agency if so. - Art. 63.020 Duty of Schools and Other Entities to Flag Missing Children's Records.
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1. Upon receiving missing report, Law Enforcement agency will notify each school and day care child attended/enrolled and the bureau of vital statistics.
2. Bureau of vital statistics will notify birth certificate agency.
3. School, day care, birth certificate shall flag records after receiving notice.
4. Law Enforcement agency shall notify clearinghouse.
5. If child born in another state, Law Enforcement agency shall contact local agency and request notification and records flags. - Art. 63.021 System for Flagging Records.
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1. Upon receiving notice of missing child under 11, the entity shall notify Law Enforcement that a request was made for flagged records.
2. When a request for flagged records is made in person, they may not advised that the records concerns a missing child and shall;
a. require person to complete form
with name, address, phone # and
relationship to child and the
childs name, address and DOB
b. obtain copy D.L. or I.D. if
possible
c. if request is for birth
certificate, they should advise
that it will be mailed
d. immediately notify Law
Enforcement with information
and description of party
requesting records
3. After providing the notification to Law Enforcement they shall mail copy of requested record on or after 21st day to the requesting party.
4. When request of records is made in writing, they shall notify Law Enforcement and mail records to requesting party on or after 21st day.