ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

 

HB 2651: missing children; alert; notification; reporting

Sponsor: Representative Parker B, LD 10

Committee on Military Affairs & Public Safety

Overview

Augments the efforts that the Department of Child Safety (DCS) is required to take to locate missing, abducted or runaway children and provides for legislative oversight regarding these efforts.  

History

Current law requires certain persons who reasonably believe that a minor is or has been a victim of non-accidental physical injury, abuse, neglect, certain reportable offenses or deprivation of appropriate care with intent to cause death of a protected infant to report this information to an appropriate authority, which may include DCS or a peace officer who must then notify DCS of the report (A.R.S. § 13-3620).

If DCS receives such a report or receives information while it is providing child safety services indicating that a child is at risk of serious harm and the child's location is unknown, statute requires DCS to provide the appropriate law enforcement agency with necessary information to be recorded in the Arizona Crime Information Center and the National Crime Information Center missing person databases. This includes information about the child and the child's parent, guardian, custodian or person of interest. The law enforcement agency, in turn, is required to immediately enter this information into the databases (A.R.S. § 8-810).

Provisions

1.   Requires DCS to notify agencies as follows within 24 hours of receiving a report or information indicating that a child who is a ward of the court or in DCS care is missing, abducted or a runaway and the child's location is unknown:

a)   For an abducted child, the Arizona Criminal Justice Information System; and

b)   For an abducted, missing or runaway child:

i)   The National Crime Information Center missing person database;

ii) The National Center for Missing and Exploited Children;

iii) The Attorney General to initiate a pickup or return order, if applicable. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMandates that DCS take various other actions within 24 hours of receiving a report of a missing, abducted or runaway child, including:

a)   Contacting various persons to obtain information about the child's disappearance, including any person known to DCS who may have relevant information; and

b)   Providing notice of disappearance, both written and telephonic, to specifically delineated persons. (Sec. 1)

3.   Requires DCS to notify the appropriate agency to issue an amber alert for abducted children. (Sec. 1)

4.   Instructs DCS to provide specific information about the child and, if known, the child's abductor, to all local media outlets within 48 hours of receiving a report of a missing, abducted or runaway child. (Sec. 1)

5.   Directs DCS to take various actions on an ongoing basis until the child is located or reaches the age of majority, including continuously contacting law enforcement, updating social media platforms, creating age-progression images and documenting its efforts in writing. (Sec. 1)

6.   Instructs DCS to develop certain training for its employees exercising oversight of children and their supervisors, including training on efforts to locate missing, abducted or runaway children. (Sec. 1)

7.   Specifies actions DCS must take when a child is located, including contacting appropriate entities and conducting certain assessments. (Sec. 1)

8.   Requires DCS to report certain information regarding missing, abducted or runaway children and DCS's compliance with the above requirements to the legislature. (Sec. 1)

9.   Authorizes the legislature to require an annual independent audit of DCS's compliance with the above requirements and, if found to not be in compliance, mandates that DCS contract with a third party to oversee its efforts to locate missing, abducted or runaway children. (Sec. 1)

10.  Makes technical changes. (Sec. 1)

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14.                    HB 2651

15.  Initials JL   Page 0 Military Affairs & Public Safety

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