Tex. Code of Crim. Proc. Article 2.273
Release of Child by Law Enforcement Officer


(a)

A law enforcement officer who takes possession of a child under Section 262.104 (Taking Possession of a Child in Emergency Without a Court Order), Family Code, may release the child to:

(1)

a residential child-care facility licensed by the Department of Family and Protective Services under Chapter 42 (Regulation of Certain Facilities, Homes, and Agencies that Provide Child-care Services), Human Resources Code, if the facility is authorized by the department to take possession of the child;

(2)

a juvenile probation department;

(3)

the Department of Family and Protective Services; or

(4)

any other person authorized by law to take possession of the child.

(b)

Before a law enforcement officer may release a child to a person authorized by law to take possession of the child other than a governmental entity, the officer shall:

(1)

verify with the National Crime Information Center that the child is not a missing child;

(2)

search the relevant databases of the National Crime Information Center system, including those pertaining to protection orders, historical protection orders, warrants, sex offender registries, and persons on supervised release to:

(A)

verify that the person to whom the child is being released:
(i)
does not have a protective order issued against the person; and
(ii)
is not registered as a sex offender unless the person is the child’s parent or guardian and there are no restrictions regarding the person’s contact with the child; and

(B)

obtain any other information the Department of Family and Protective Services considers:
(i)
relevant to protect the welfare of the child; or
(ii)
reflective of the responsibility of the person to whom the child is being released;

(3)

call the Department of Family and Protective Services Texas Abuse Hotline to determine whether the person to whom the child is being released is listed in the registry as a person who abused or neglected a child;

(4)

verify that the person to whom the child is being released is at least 18 years of age; and

(5)

maintain a record regarding the child’s placement, including:

(A)

identifying information about the child, including the child’s name or pseudonyms; and

(B)

the name and address of the person to whom the child is being released.
Added by Acts 2017, 85th Leg., R.S., Ch. 926 (S.B. 1571), Sec. 1, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.

Source: Article 2.273 — Release of Child by Law Enforcement Officer, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­2.­htm#2.­273 (accessed Apr. 13, 2024).

2.01
Duties of District Attorneys
2.02
Duties of County Attorneys
2.04
Shall Draw Complaints
2.05
When Complaint Is Made
2.06
May Administer Oaths
2.07
Attorney Pro Tem
2.08
Disqualified
2.09
Who Are Magistrates
2.10
Duty of Magistrates
2.11
Examining Court
2.12
Who Are Peace Officers
2.13
Duties and Powers
2.14
May Summon Aid
2.15
Person Refusing to Aid
2.16
Neglecting to Execute Process
2.17
Conservator of the Peace
2.18
Custody of Prisoners
2.19
Report as to Prisoners
2.20
Deputy
2.021
Duties of Attorney General
2.21
Duty of Clerks
2.022
Assistance of Texas Rangers
2.22
Power of Deputy Clerks
2.023
Notification to Texas Department of Criminal Justice
2.23
Report to Attorney General
2.024
Tracking Use of Certain Testimony
2.24
Authenticating Officer
2.025
Special Duty of District or County Attorney Relating to Child Support
2.25
Reporting Certain Aliens to Federal Government
2.26
Digital Signature and Electronic Documents
2.27
Investigation of Certain Reports Alleging Abuse
2.28
Duties Regarding Misused Identity
2.29
Report Required in Connection with Fraudulent Use or Possession of Identifying Information
2.30
Report Concerning Certain Assaultive or Terroristic Offenses
2.31
County Jailers
2.32
Electronic Recording of Custodial Interrogations
2.33
Law Enforcement Policy on Use of Force by Drone
2.34
Use of Neck Restraints During Search or Arrest Prohibited
2.35
Duty to Request and Render Aid
2.101
Magistrate’s Name on Signed Order
2.121
Railroad Peace Officers
2.122
Special Investigators
2.123
Adjunct Police Officers
2.124
Peace Officers from Adjoining States
2.125
Special Rangers of Texas and Southwestern Cattle Raisers Association
2.126
Peace Officers Commissioned by the Alabama-coushatta Tribe of Texas and the Kickapoo Traditional Tribe of Texas
2.127
School Marshals
2.131
Racial Profiling Prohibited
2.132
Law Enforcement Policy on Racial Profiling
2.133
Reports Required for Motor Vehicle Stops
2.134
Compilation and Analysis of Information Collected
2.136
Liability
2.137
Provision of Funding or Equipment
2.138
Rules
2.139
Reports Required for Officer-involved Injuries or Deaths
2.195
Report of Warrant or Capias Information
2.211
Hate Crime Reporting
2.212
Writ of Attachment Reporting
2.251
Duties Related to Immigration Detainer Requests
2.271
Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation
2.272
Law Enforcement Response to Child Safety Check Alert
2.273
Release of Child by Law Enforcement Officer
2.295
Report Required in Connection with Unauthorized Acquisition or Transfer of Certain Financial Information
2.305
Report Required Concerning Human Trafficking Cases
2.1305
Carrying Weapon on Certain Premises
2.1385
Civil Penalty
2.1386
Eyewitness Identification Protocols
2.1387
Intervention Required for Excessive Force
2.1395
Reports Required for Certain Injuries or Deaths of Peace Officers
2.1396
Video Recordings of Arrests for Intoxication Offenses
2.1397
Duties of Law Enforcement Agency Filing Case
2.1398
Duties of Peace Officer Investigating Stalking, Harassment, or Terroristic Threat
2.13951
Notice of Violation of Reporting Requirements for Certain Injuries or Deaths

Accessed:
Apr. 13, 2024

Art. 2.273’s source at texas​.gov