Sec. 262.007. POSSESSION AND DELIVERY OF MISSING CHILD. (a) A law enforcement officer who, during a criminal investigation relating to a child's custody, discovers that a child is a missing child and believes that a person may flee with or conceal the child shall take possession of the child and provide for the delivery of the child as provided by Subsection (b).
(b) An officer who takes possession of a child under Subsection (a) shall deliver or arrange for the delivery of the child to a person entitled to possession of the child.
(c) If a person entitled to possession of the child is not immediately available to take possession of the child, the law enforcement officer shall deliver the child to the Department of Family and Protective Services. Until a person entitled to possession of the child takes possession of the child, the department may, without a court order, retain possession of the child not longer than five days after the date the child is delivered to the department. While the department retains possession of a child under this subsection, the department may place the child in foster care. If a parent or other person entitled to possession of the child does not take possession of the child before the sixth day after the date the child is delivered to the department, the department shall proceed under this chapter as if the law enforcement officer took possession of the child under Section 262.104.
Added by Acts 1995, 74th Leg., ch. 776, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 685, Sec. 6, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1150, Sec. 12, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 31, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.152, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 262 - Procedures in Suit by Governmental Entity to Protect Health and Safety of Child
Subchapter A. General Provisions
Section 262.001. Authorized Actions by Governmental Entity
Section 262.0022. Review of Placement; Findings
Section 262.003. Civil Liability
Section 262.004. Accepting Voluntary Delivery of Possession of Child
Section 262.005. Filing Petition After Accepting Voluntary Delivery of Possession of Child
Section 262.006. Living Child After Abortion
Section 262.007. Possession and Delivery of Missing Child
Section 262.008. Abandoned Children
Section 262.009. Temporary Care of Child Taken Into Possession
Section 262.010. Child With Sexually Transmitted Disease
Section 262.011. Placement in Secure Agency Foster Home
Section 262.012. Sealing of Court Records Filed Electronically
Section 262.013. Voluntary Temporary Managing Conservatorship
Section 262.014. Disclosure of Certain Evidence
Section 262.015. Filing Requirement for Petition Regarding More Than One Child