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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
missing children; alert; notification; reporting
Purpose
Requires the Department of Child Safety (DCS) to fulfill additional notification and reporting requirements relating to cases involving missing, abducted or runaway children.
Background
Certain persons, including physicians, peace officers, child safety workers, parents and school personnel, who reasonably believe a minor is or has been the victim of physical injury, abuse, neglect, deprivation of necessary medical treatment or other reportable offenses must report or cause reports to be made to law enforcement or DCS (A.R.S. § 13-3620).
If DCS receives such a report, or receives information during the course of providing services, that indicates a child is at risk of serious harm and the child's location is unknown, DCS must 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 (NCIC) databases for missing persons, including information about the child, the parents, guardian, custodian or person of interest. The law enforcement agency must immediately enter the information into these databases (A.R.S. § 8-810).
If a law enforcement agency receives a report of a missing, kidnapped or runaway child, it must: 1) within two hours of receiving the report, submit outlined identifying information of the child, a recent photograph of the child, the date and location of last known contact and the category under which the child is reported missing; 2) not later than 30 days after original record entry, verify and update the record with additional information, including medical and dental records and a photograph taken within the previous 180 days; 3) institute or assist with appropriate search and investigative procedures; 4) maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing child case; and 5) grant permission to the NCIC terminal contractor for Arizona to update the missing child record in the NCIC computer networks with additional information that is learned during the investigation and that relates to the missing child (A.R.S. § 8-901).
The Joint Legislative Budget Committee (JLBC) fiscal note indicates that H.B. 2651 would generate additional workload for DCS staff and increase agency operational costs, which may require additional full-time equivalent positions, with the actual magnitude of the costs depending on the number of missing children throughout the year. JLBC also estimates that the optional annual audit and possible third-party contract with DCS could generate additional costs, estimated between $200,000 and $300,000 based on similar audits, if the Legislature requires it (JLBC fiscal note).
Provisions
1. Requires DCS, within 24 hours of receiving a report that a child who is a ward of the court or in DCS care is missing, abducted or runaway and the child's location is unknown, to:
a) for an abducted child, notify the Arizona Criminal Justice Commission;
b) for an abducted, missing or runaway child, notify the NCIC missing person database, the National Center for Missing and Exploited Children and the Attorney General (AG), which must initiate a pickup or return order, if applicable.
2. Requires DCS, within 24 hours of receiving a report of a missing, abducted or runaway child, to:
a) contact the following persons to obtain information about the child's disappearance:
i. the child's parents;
ii. the child's known relatives;
iii. the child's out-of-home caregivers;
iv. the child's attorney;
v. the child's guardian or guardian ad-litem;
vi. the child's court appointed special advocate; and
vii. any other persons known to DCS who may have relevant information regarding the child's location;
b) provide a notice of disappearance in writing and telephonically to all persons listed above, as well as:
i. a judicial officer in any judicial matter involving the child;
ii. the assistant AG representing DCS; and
iii. if the child's Indian tribe, if applicable.
3. Requires DCS to notify the appropriate agency to issue an amber alert if a child is abducted.
4. Requires DCS, within 48 hours after receiving a report of a missing, abducted or runaway child, to provide all local media outlets with the following information:
a) a complete physical description of the child and, if known, the child's abductor;
b) the last known location of the child or, if known, the child's abductor;
c) a description of the clothing the child or, if known, the child's abductor was last known to be wearing;
d) a description of any vehicle that may be involved with the child's disappearance;
e) current photos of the child and, if available, the child's abductor;
f) a law enforcement telephone number; and
g) information regarding any offered rewards.
5. Requires DCS, on an ongoing basis until a missing, abducted or runaway child is located or the child reaches the age of majority, to:
a) document in writing every effort to locate the missing, abducted or runaway child within 10 days after the effort to locate the child is taken;
b) contact law enforcement every 7 days and document the information provided and received;
c) update social media platforms every 14 days with information regarding the missing, abducted or runaway child; and
d) 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.
6. Requires DCS to develop training for employees who have direct oversight of children and the direct supervisors of those employees.
7. Requires the training to include DCS policies for locating missing, abducted or runaway children and the requirements for ongoing efforts to locate a missing, abducted or runaway child.
8. Requires ongoing efforts to include:
a) continued contact with law enforcement agencies;
b) continued contact with current and former foster families of the child;
c) continued contact with the child's school;
d) continued contact with known acquaintances of the child;
e) continued in-person searching of locations and places where the child may be found;
f) continued review of any social media accounts that may be associated with the child or the child's known acquaintances;
g) continued efforts with law enforcement agencies in searching for the child;
h) continued search efforts with DCS field staff; and
i) referral to DCS's office of child welfare investigations for assistance, if exigent circumstances exist.
9. Requires DCS to do all of the following when a child is located:
a) inform law enforcement agencies involved in the child's case, the AG's office, and all missing and exploited children's organizations;
b) have in-person contact with the child within 24 hours of the child being located;
c) obtain a medical exam for the child;
d) assess the child's experiences while absent;
e) assess the appropriateness of the child returning to the child's current placement; and
f) assess factors that contributed to the child's absence.
10. Requires DCS to provide a monthly report to the President of the Senate and the Speaker of the House of Representatives that includes:
a) the names of all current missing, abducted or runway children;
b) information regarding the agencies DCS is required to contact pursuant to this legislation and when contact was made;
c) information regarding DCS's compliance with efforts required pursuant to this legislation.
11. Allows the Legislature to require an annual independent audit of DCS's compliance with this legislation.
12. Requires, if the independent audit determines DCS is not in compliance, to contract with a third party to oversee efforts to locate missing, abducted or runaway children.
13. Becomes effective on the general effective date.
House Action
MAPS 2/13/23 DP 9-3-3-0
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
March 17, 2023
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