Tex.
Code of Crim. Proc. Article 2A.058
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 must:(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.
Source:
Article 2A.058 — Release of Child by Law Enforcement Officer, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2A.htm#2A.058 (accessed Jun. 5, 2024).
