ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: MAPS DP 9-3-3-0 | 3^rd Read DP 31-28-0-1 Senate: MAPS DP 5-2-0-0 | 3^rd Read 30-0-0-0

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HB 2651: missing children; alert; notification; reporting

Sponsor: Representative Parker B, LD 10

Senate Engrossed

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. Mandates 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 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)

Senate Amendments

1. Modifies various reporting requirements; changing which entities must make them, which entities are to receive them and the exact nature of the reporting.

2. Qualifies language — relating to the contacting of specified persons for information about a child, the provision of notice to specified persons and DCS's ongoing efforts to locate a child — to provide for their non-implementation in the event that they will hinder investigation or location efforts.

3. Directs information to be posted to social media platforms in addition to local media outlets.

4. Specifies that age progression images are to be created by working with the National Center For Missing And Exploited Children.

5. Adds that when a child is recovered there is to be a screening to determine if the child was a sex trafficking victim.

6. Removes the requirement for DCS to provide a monthly report to specified members of the legislature.

7. Permits the legislature to convene the Joint Legislative Oversight Committee on DCS to address concerns and deviations from policy and to provide

8. recommendations.

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                        HB 2651

Initials JL/NM  Page 0 Senate Engrossed

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