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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP |
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Subtitle E. PROTECTION OF THE CHILD |
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Chapter 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT |
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Subchapter D. INVESTIGATIONS |
Sec. 261.3022. CHILD SAFETY CHECK ALERT LIST
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(a) Subject to the availability of funds, the Department of Public Safety of the State of Texas shall create a child safety check alert list as part of the Texas Crime Information Center to help locate a family for purposes of investigating a report of child abuse or neglect.
(b) If the child safety check alert list is established and the department is unable to locate a family for purposes of investigating a report of child abuse or neglect, after the department has exhausted all means available to the department for locating the family, the department may seek assistance under this section from the appropriate county attorney, district attorney, or criminal district attorney with responsibility for representing the department as provided by Section 264.009.
(c) If the department requests assistance, the county attorney, district attorney, or criminal district attorney, as applicable, may file an application with the court requesting the issuance of an ex parte order requiring the Texas Crime Information Center to place the members of the family the department is attempting to locate on a child safety check alert list. The application must include a summary of:
(1) the report of child abuse or neglect the department is attempting to investigate; and
(2) the department's efforts to locate the family.
(d) If the court determines after a hearing that the department has exhausted all means available to the department for locating the family, the court shall approve the application and order the appropriate law enforcement agency to notify the Texas Crime Information Center to place the family on a child safety check alert list. The alert list must include:
(1) the name of the family member alleged to have abused or neglected a child according to the report the department is attempting to investigate;
(2) the name of the child who is the subject of the report;
(3) a code identifying the type of child abuse or neglect alleged to have been committed against the child;
(4) the family's last known address; and
(5) the minimum criteria for an entry as established by the center.