ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: MAPS DP 11-0-4-0 | 3^rd Read 37-20-0-3

Senate: TTMC DPA 7-0-0-0 | 3^rd Read 27-0-0-3

Final Pass: 46-12-0-2

HB 2479: missing; abducted; runaway children

Sponsor: Representative Parker B, LD 10

Transmitted to the Governor

Overview

Provides for the establishment of a Missing, Abducted and Runaway Children Unit (MARC Unit) within the Arizona Department of Child Safety (DCS) if DCS fails to comply with statute; additionally, revises various other requirements related to the recovery efforts for a child who is missing, abducted or runaway (disappeared).

History

Under current law, when a child is found to be disappeared, DCS must, within 24 hours of receiving a report, notify specified parties and collect specified information about the child. DCS is required to provide training for employees regarding disappeared children and to take various continuing efforts to locate disappeared children. The Legislature is permitted to convene the Joint Legislative Oversight Committee on DCS to address concerns with DCS's efforts; additionally the Legislature may request an annual independent audit of DCS's efforts and provide recommendations for improving DCS's efforts (A.R.S. § 8-810).

Provisions

Missing, Abducted and Runaway Children Unit (MARC Unit)

1. Requires DCS — if it has a less than 95% compliance rate with its statutory duties for disappeared children, for more than 4 of the last 12 months — to establish the MARC Unit within DCS. (Sec. 1)

2. Mandates the MARC Unit have at least four employees, at least one of which is available 24 hours a day. (Sec. 1)

3. Permits the MARC Unit to enter into contracts to ensure DCS is in compliance with state law. (Sec. 1)

4. Directs the MARC Unit to submit a report to specified members of the executive and legislative branches with specified information about disappeared children and their recovery. (Sec. 1)

Recovery Efforts

5. Asserts that DCS must act immediately or within 24 hours when a report of a disappeared child is received. (Sec. 1)

6. Instructs DCS to also contact the disappeared child's school, friends, household or other persons who may have relevant information, unless such action would hinder investigation or location efforts. (Sec. 1)

7. States that the disappearance of a child must be reported to all relevant parties by both writing and telephone, instead of just one of the two methods. (Sec. 1)

8. Specifies that DCS must contact law enforcement about a disappeared child within 24 hours. (Sec. 1)

9. Instructs a law enforcement agency contacted by DCS about a disappeared child to document its response regarding amber alert or silver alert criteria. (Sec. 1)

10. Directs DCS to provide a law enforcement agency contacted with the necessary information to be given to local media outlets. (Sec. 1)

11. Specifies that the appropriate law enforcement agency must update social media with updated information regarding a disappeared child. (Sec. 1)

12. Directs the appropriate law enforcement agency, when possible, to work with a specialized artist to create an age-appropriate progression image of a disappeared child if the child has been disappeared for more than two years. (Sec. 1)

13. Specifies that DCS must contact law enforcement every seven days, instead of frequently, to exchange information on a disappeared child. (Sec. 1)

14. Specifies that DCS is to carry out its recovery efforts monthly. (Sec. 1)

15. Directs DCS to request the appropriate law enforcement agency conduct welfare checks at any location where a child might be. (Sec. 1)

16. Specifies that the actions DCS must take when a child is located must be carried out within 24 hours. (Sec. 1)

17. Adds various additional actions that DCS must take after a child is found, including reviewing the case to assess contributing factors and respond to those factors in future cases. (Sec. 1)

18. Requires DCS, within 60 days of the passage of this Act, to develop a checklist to complete its duties within the timelines specified by law. (Sec. 1)

Oversight

19. Directs DCS to submit monthly reports with specified information to designated members of the Legislature. (Sec. 1)

20. Permits the Legislature to convene an oversight committee to address problems and make recommendations. (Sec. 1)

21. Requires the Legislature to request an annual independent audit of DCS's compliance with fulfilling its statutory duties for disappeared children. (Sec. 1)

22. Requires DCS, if the independent audit determines that DCS is not in compliance with state law, to contract with a third-party consulting firm that is licensed to carry out investigative services. (Sec. 1)

23. Directs the consulting firm to present recommendations to the oversight committee on how to improve DCS's compliance with state law. (Sec. 1)

24. Requires the Joint Legislative Oversight Committee on DCS, if DCS has failed to meet statutory requirements for a period of more than two months after the creation of the MARC Unit, to contract with a third-party consulting firm that is licensed to carry out investigative services. (Sec. 1)

25. Directs the consulting firm to present recommendations to the Joint Legislative Oversight Committee on DCS on how to improve DCS's compliance with state law. (Sec. 1)

Miscellaneous

26. Requires DCS to provide initial training to newly hired employees before any children are assigned to their caseloads. (Sec. 1)

27. Makes conforming changes. (Sec. 1)

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HB 2479

Initials NM Page 0 Transmitted