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, § 1, eff. May 22, 1985. Amended by Acts 1987, 70th Leg., ch. 657, § 1, eff. June 18, 1987; Acts 1987, 70th Leg., ch. 1052, § 7.03, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 74.001 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 165, § 22(43), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 178, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 51, § 1; Acts 1997, 75th Leg., ch. 1084, § 1, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.001 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Subd. (3) amended by Acts 1999, 76th Leg., ch. 62, § 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, § 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, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.002 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.002 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.002 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.003 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 165, § 6.59, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.003 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.003 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.004 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.004 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.004 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.005 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 190, § 2, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 165, § 6.60, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.005 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.005 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.006 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.006 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Subsec. (b) amended by Acts 1999, 76th Leg., ch. 685, § 3, eff. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 62.006 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. Aug. 28, 1995. Renumbered from V.T.C.A., Human Resources Code § 79.0065 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.007 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.007 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 165, § 6.61, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.007 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.008 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Amended by Acts 1987, 70th Leg., ch. 657, § 2, eff. June 18, 1987. Renumbered from V.T.C.A., Human Resources Code § 74.008 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 190, § 3, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 51, § 2, eff. May 7, 1997; Acts 1997, 75th Leg., ch. 771, § 1, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.008 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Subsec. (a) amended by Acts 1999, 76th Leg., ch. 62, § 3.11, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 200, § 1, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 685, § 4, eff. Sept. 1, 1999; Subsec. (g) added by Acts 1999, 76th Leg., ch. 62, § 3.12, eff. Sept. 1, 1999; added by Acts 1999, 76th Leg., ch. 200, § 2, eff. Sept. 1, 1999; added by Acts 1999, 76th Leg., ch. 685, § 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, § 19.01(8)(A), eff. Sept. 1, 1999. Subsec. (g) amended by Acts 2001, 77th Leg., ch. 1420, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.009 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.009 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.010 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.010 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.010 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.011 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.011 and amended by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), (27), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.011 and amended by Acts 1997, 75th Leg., ch. 1427, § 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, § 19.01(8)(A), eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.012 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.012 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.013 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.013 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.013 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.014 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. May 22, 1985. Renumbered from V.T.C.A., Human Resources Code § 74.014 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(26), eff. Sept. 1, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.014 and amended by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.015 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. June 19, 1987. Renumbered from V.T.C.A., Human Resources Code § 79.015 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.016 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. Aug. 28, 1989. Renumbered from V.T.C.A., Human Resources Code § 79.016 by Acts 1997, 75th Leg., ch. 1427, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.017 by Acts 1999, 76th Leg., ch. 62, § 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, § 1, eff. Sept. 1, 1997. Renumbered from Vernon's Ann.C.C.P. art. 62.018 by Acts 1999, 76th Leg., ch. 62, § 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, § 2, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.017 by Acts 1999, 76th Leg., ch. 62, § 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, § 2, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.018 by Acts 1999, 76th Leg., ch. 62, § 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, § 2, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Human Resources Code § 79.019 by Acts 1999, 76th Leg., ch. 62, § 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.