ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: MAPS DP 9-3-3-0 | 3rd Read DP 31-28-0-1

Senate: MAPS DP 5-2-0-0 | 3rd Read DPA 30-0-0-0

Final Pass: 56-2-0-2


HB 2651: missing children; alert; notification; reporting

Sponsor: Representative Parker B, LD 10

Transmitted to Governor

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, the National Crime Information Center Missing Person Database. (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)   Reporting information on the child to the National Center for Missing and Exploited Children;

b)   Contacting various persons to obtain information about the child's disappearance, unless such action would hinder investigation or location efforts; and

c)   Providing written or telephonic notice of the disappearance to specifically delineated persons, unless such action would hinder investigation or location efforts. (Sec. 1)

3.   Requires DCS to notify the appropriate law enforcement agency of a disappearance, and directs the agency to issue an amber alert or silver alert if the relevant criteria are met. (Sec. 1)

4.   Instructs DCS to provide specific information about the child and, if known, the child's abductor, to social media and 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 frequently contacting law enforcement, updating social media platforms, creating age-progression images and documenting its efforts in writing. (Sec. 1)

6.   Instructs DCS to conduct 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.   Permits the legislature to convene the Joint Legislative Oversight Committee on DCS to address concerns and deviations from policy and to provide recommendations. (Sec. 1)

9.   Authorizes the legislature to request an annual independent audit of DCS's compliance with the above requirements; if DCS is found to not be in compliance, the audit must provide recommendations for improving DCS's efforts. (Sec. 1)

10.  Makes technical changes. (Sec. 1)

 

 

 

 

 

 

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                        HB 2651

Initials JL/NM  Page 0 Transmitted

 

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