Section 2A.058 - [Effective 1/1/2025] Release Of Child By Law Enforcement Officer(a) A law enforcement officer who takes possession of a child under Section 262.104, 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, 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. (Code Crim. Proc., Art. 2.273.)Tex. Code Crim. Proc. § 2A.058
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 1.001, eff. 1/1/2025.