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Texas Family Code - Section 262.007. Possession And Delivery Of Missing Child

Legal Research Home > Texas Laws > Family Code > Texas Family Code - Section 262.007. Possession And Delivery Of Missing Child

§ 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 
Protective and Regulatory 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 home 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, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1999, 76th Leg., ch. 685, § 6, eff. Sept. 1, 
1999;  Acts 1999, 76th Leg., ch. 1150, § 12, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1390, § 31, eff. Sept. 1, 1999.

Last modified: August 11, 2007