(1) a residential child-care facility licensed by the Department of Family and Protective Services under Chapter 42, 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.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 2 - General Duties of Officers
Article 2.01. Duties of District Attorneys
Article 2.02. Duties of County Attorneys
Article 2.021. Duties of Attorney General
Article 2.022. Assistance of Texas Rangers
Article 2.023. Notification to Texas Department of Criminal Justice
Article 2.024. Tracking Use of Certain Testimony
Article 2.025. Special Duty of District or County Attorney Relating to Child Support
Article 2.04. Shall Draw Complaints
Article 2.05. When Complaint Is Made
Article 2.06. May Administer Oaths
Article 2.07. Attorney Pro Tem
Article 2.09. Who Are Magistrates
Article 2.10. Duty of Magistrates
Article 2.12. Who Are Peace Officers
Article 2.121. Railroad Peace Officers
Article 2.122. Special Investigators
Article 2.123. Adjunct Police Officers
Article 2.124. Peace Officers From Adjoining States
Article 2.125. Special Rangers of Texas and Southwestern Cattle Raisers Association
Article 2.127. School Marshals
Article 2.13. Duties and Powers
Article 2.1305. Carrying Weapon on Certain Premises
Article 2.131. Racial Profiling Prohibited
Article 2.132. Law Enforcement Policy on Racial Profiling
Article 2.133. Reports Required for Motor Vehicle Stops
Article 2.134. Compilation and Analysis of Information Collected
Article 2.137. Provision of Funding or Equipment
Article 2.1386. Eyewitness Identification Protocols
Article 2.1387. Intervention Required for Excessive Force; Report Required
Article 2.139. Reports Required for Officer-Involved Injuries or Deaths
Article 2.1395. Reports Required for Certain Injuries or Deaths of Peace Officers
Article 2.1396. Video Recordings of Arrests for Intoxication Offenses
Article 2.1397. Duties of Law Enforcement Agency Filing Case
Article 2.15. Person Refusing to Aid
Article 2.16. Neglecting to Execute Process
Article 2.17. Conservator of the Peace
Article 2.18. Custody of Prisoners
Article 2.19. Report as to Prisoners
Article 2.195. Report of Warrant or Capias Information
Article 2.211. Hate Crime Reporting
Article 2.212. Writ of Attachment Reporting
Article 2.22. Power of Deputy Clerks
Article 2.23. Report to Attorney General
Article 2.24. Authenticating Officer
Article 2.25. Reporting Certain Aliens to Federal Government
Article 2.251. Duties Related to Immigration Detainer Requests
Article 2.26. Digital Signature and Electronic Documents
Article 2.27. Investigation of Certain Reports Alleging Abuse
Article 2.271. Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation
Article 2.272. Law Enforcement Response to Child Safety Check Alert
Article 2.273. Release of Child by Law Enforcement Officer
Article 2.28. Duties Regarding Misused Identity
Article 2.30. Report Concerning Certain Assaultive or Terroristic Offenses
Article 2.305. Report Required Concerning Human Trafficking Cases
Article 2.32. Electronic Recording of Custodial Interrogations
Article 2.33. Use of Neck Restraints During Search or Arrest Prohibited
Article 2.33. Duty to Request and Render Aid
Article 2.33. Law Enforcement Policy on Use of Force by Drone