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REFERENCE TITLE: missing children; alert; notification; reporting |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2651 |
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Introduced by Representative Parker B
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An Act
amending section 8-810, Arizona Revised Statutes; relating to missing children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-810, Arizona Revised Statutes, is amended to read:
8-810. Missing; abducted; runaway children; notification; training; report; entry into databases; audit
A. If the department receives within twenty-four hours after receiving a report made pursuant to section 13-3620 or receives receiving information during the course of providing services that indicates a child who is a ward of the court or who is in the care of the department is at risk of serious harm is missing, abducted or a runaway and the child's location is unknown, the department shall notify the appropriate law enforcement agency and provide the information required to make the record entry into the Arizona crime information center and the national crime information center missing person databases. This includes information about the child and child's parent, guardian, custodian or person of interest.
B. The appropriate law enforcement agency shall immediately enter the information provided by the department pursuant to subsection A of this section into the Arizona crime information center and the national crime information center missing person databases. as follows:
1. For an abducted child, the Arizona criminal justice information system.
2. For an abducted, missing or runaway child:
(a) The national crime information center missing person database.
(b) The national center for missing and exploited children.
(c) The attorney general to initiate a pickup or return order, if applicable.
B. within twenty-four hours after receiving a report of a missing, abducted or runaway child, the department shall do the following:
1. contact the following persons to obtain information about the child's disappearance:
(a) the child's parents.
(b) The child's known relatives.
(c) The child's out-of-home caregivers.
(d) The child's attorney.
(e) The child's guardian or guardian ad-litem.
(f) The child's court appointed special advocate.
(g) Any other persons known to the department who may have relevant information regarding the child's LOCATION.
2. Provide a notice of disappearance in writing and telephonically to the following persons:
(a) the child's parents.
(b) The child's known relatives.
(c) The child's out-of-home caregivers.
(d) The child's attorney.
(e) The child's guardian or guardian ad-litem.
(f) The child's court appointed special advocate.
(g) A judicial officer in any judicial matter involving the child.
(h) The assistant attorney general representing the department.
(i) IF the child is a member of an indian tribe in this state, the child's indian tribe.
C. For an abducted child, the department shall notify the appropriate agency to issue an amber alert.
D. Within forty-eight hours after receiving a report of a missing, abducted or runaway child, the department shall provide all of the following information regarding the child and, if known, the child's abductor to all local media outlets:
1. A complete physical description of the child and, if known, the child's abductor.
2. The last known location of the child or, if known, the child's abductor.
3. A description of the clothing the child or, if known, the child's abductor was last known to be wearing.
4. A description of any vehicle that may be involved with the child's disappearance.
5. Current photos of the child and, if available, the child's abductor.
6. A law enforcement telephone number.
7. Information regarding any offered rewards.
E. The department shall do all of the following on an ongoing basis until a missing, abducted or runaway child is located or the child reaches the age of majority:
1. Document in writing every effort to locate the missing, abducted or runaway child within ten days after the effort to locate the child is taken.
2. Contact law enforcement every seven days and document the information provided and received.
3. Update social media platforms every fourteen days with information regarding the missing, abducted or runaway child.
4. for a child who has been missing or abducted or who has been a runaway for two or more years, work with a specialized artist to create an age-progression image of the child.
F. The department shall develop training for department employees who have direct oversight of children and the direct supervisors of those employees. The training shall include department policies for locating missing, abducted or runaway children and the requirements for ongoing efforts to locate a missing, abducted or runaway child. Ongoing department efforts shall include all of the following:
1. Continued contact with law enforcement agencies.
2. Continued contact with current and former foster families of the child.
3. Continued contact with the child's school.
4. Continued contact with known acquaintances of the child.
5. ContinuED in-PERSON searching of locations and places where the child may be found.
6. ContinuED review of any social media accounts that may be associated with the child or the child's known acquaintances.
7. Continued efforts with law enforcement agencies in searching for the child.
8. Continued search efforts with department field staff.
9. Referral to the department's office of child welfare investigations for assistance if exigent circumstances exist.
G. The Department shall do all of the following when a child is located:
1. Inform all of the following:
(a) All law enforcement agencies involved in the child's case.
(b) The attorney general's office.
(c) All missing and exploited children's organizations.
2. Have in-person contact with the child within twenty-four hours after the child is located.
3. Obtain a medical exam for the child.
4. Assess the child's experiences while absent.
5. Assess the appropriateness of the child returning to the child's current placement.
6. Assess factors that contributed to the child's absence.
H. The department shall provide a monthly report to the president of the senate and the speaker of the house of representatives. The report shall include all of the following:
1. The names of all current missing, abducted or runaway children.
2. Information regarding the agencies the department is required to contact pursuant to this section and when contact was made.
3. Information regarding the department's compliance with efforts required pursuant to this section.
I. The legislature may require an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the department shall contract with a third party to oversee efforts to locate missing, abducted or runaway children.