SB1782 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-810, Arizona Revised Statutes, is amended to read:

START_STATUTE8-810. Missing; abducted; runaway children; notification; training; audit

A. Immediately or within twenty-four hours after receiving a report made pursuant to section 13-3620 or receiving information during the course of providing services that indicates a child who is a ward of the court or who is in the care of the department is missing, abducted or a runaway and the child's location is unknown, the department shall notify the appropriate law enforcement agency to make the record entry as follows:

1. For an abducted child, the Arizona criminal justice information system.

2. For an abducted, missing or runaway child, the national crime information center missing person database.

B. Immediately or within twenty-four hours after receiving a report of a missing, abducted or runaway child, the department shall do the following:

1. Report information on the missing, abducted or runaway child to the national center for missing and exploited children.

2. Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts, contact the following persons to obtain information about the child's disappearance:

(a) The child's parents.

(b) The child's known relatives.

(d) The child's attorney.

(e) The child's guardian or guardian ad litem.

(f) The child's court appointed special advocate.

(g) The child's school, friends or household members or other persons who may have relevant information about the circumstances surrounding the child's abduction or disappearance.

(h) Any other persons known to the department who may have relevant information regarding the child's location.

3. Unless it is determined by the primary investigative agency that it will hinder investigation or location efforts, provide a notice of disappearance in writing and telephonically to the following persons:

(a) The child's parents.

(b) The child's known relatives.

(d) The child's attorney.

(e) The child's guardian or guardian ad litem.

(f) The child's court appointed special advocate.

(g) A judicial officer in any judicial matter involving the child.

(h) The duty assistant attorney general to initiate a motion for a pickup.

(i) If the child is a member of an Indian tribe in this state, the child's Indian tribe.

C. Immediately or within twenty-four hours after receiving a report pursuant to this section, the department shall request the appropriate law enforcement agency to determine if the situation meets amber alert criteria, turquoise alert criteria pursuant to section 41-1728.01 or silver seek and find alert criteria pursuant to section 41-1728. The appropriate law enforcement agency shall document its response regarding amber alert, turquoise alert or silver seek and find alert criteria.

D. Within forty-eight hours after receiving a report of a missing, abducted or runaway child, the department shall provide the local law enforcement agency with, and the local law enforcement agency shall provide to all local media outlets and post to social media platforms, all of the following information regarding the child and, if known, the child's abductor:

1. A complete physical description of the child and, if known, the child's abductor.

2. The last known location of the child or, if known, the child's abductor.

3. A description of the clothing the child or, if known, the child's abductor was last known to be wearing.

4. A description of any vehicle that may be involved with the child's disappearance.

5. Current photos of the child and, if available, the child's abductor.

6. A law enforcement telephone number.

7. Information regarding any offered rewards.

E. The appropriate law enforcement agency shall update social media platforms with updated information regarding the missing, abducted or runaway child.

F. For a child who has been missing or abducted or who has been a runaway for two or more years, the appropriate law enforcement agency shall work, when possible, to create an age-appropriate progression image of the child.

G. The department shall do all of the following on an ongoing basis until a missing, abducted or runaway child is located or the child reaches the age of majority:

1. Document in writing every effort the department has made to locate the missing, abducted or runaway child within ten days after the effort to locate the child is taken. The written document shall specify the notifications and documentation sent to individuals and departments pursuant to the requirements of this section.

2. Contact law enforcement every seven calendar days and document the information provided and received.

3. For a child who has been missing or abducted or who has been a runaway for two or more years, work with the national center for missing and exploited children to create an age-progression image of the child.

H. The department shall immediately develop, refine, implement and provide initial training to newly hired employees. A newly hired employee must receive this initial training before any children are assigned to the newly hired employee's caseload. The department shall conduct annual training for department employees who have direct oversight of children and the direct supervisors of those employees. The training shall include department policies for locating missing, abducted or runaway children and the requirements for ongoing efforts to locate a missing, abducted or runaway child, unless it is determined by the primary investigative agency that it will hinder investigation or location efforts. Monthly ongoing department efforts shall include all of the following:

1. Continued contact with law enforcement agencies.

2. Continued contact with the child's parents, guardian or custodian.

3. Continued contact with the child's known relatives.

4. Continued contact with current and former foster families of the child.

5. Continued contact with the child's school.

6. Continued contact with known acquaintances of the child.

7. Continued in-person searching of locations and places where the child may be found.

8. Continued review of any social media accounts that may be associated with the child or the child's known acquaintances.

9. Continued efforts with law enforcement agencies in searching for the child.

10. Continued search efforts with department field staff who have access to databases that may help in the search for information or leads regarding the missing, abducted or runaway child.

11. Referral to the department's office of child welfare investigations for assistance if exigent circumstances exist.

12. Requesting that the appropriate law enforcement agency conduct welfare checks at any location where the child may be.

I. Within twenty-four hours after a missing, abducted or runaway child is located, the department shall do all of the following:

1. Inform all of the following:

(a) All law enforcement agencies involved in the child's case.

(b) The attorney general's office.

(d) Any individuals who have received notice pursuant to subsection B, paragraph 3 of this section.

2. Have in-person contact with the child.

3. Obtain a medical exam for the child.

4. Assess the child's experiences while absent from care, including screening to determine if the child is a sex trafficking victim, and report to the appropriate law enforcement agency if it is determined that the child is a sex trafficking victim.

5. Assess the appropriateness of the child returning to the child's current placement.

6. Assess factors that contributed to the child's absence.

7. Determine the need for additional behavioral health services and support.

8. Review the case to assess the primary factors that contributed to the child being missing or abducted or a runaway and to the extent possible and appropriate respond to those factors in current and subsequent case decisions.

J. Within sixty days after September 14, 2024, the department shall develop a checklist for department specialists. The checklist shall be distributed to each caseworker to assist department specialists in fulfilling the department's duties prescribed by this section. The checklist shall have a mechanism to mark department duties as completed within the timelines specified by this section.

K. Beginning ninety days after September 14, 2024, the department shall provide a monthly report to the governor, the president of the senate and the speaker of the house of representatives. The report shall include all of the following:

1. The names of all current missing, abducted or runaway children. The names of missing, abducted or runaway children shall be kept confidential and may not be distributed outside of the monthly report.

2. An acknowledgement that the department made the notifications prescribed by this section within the prescribed time frames. If the department failed to make the notifications with within the prescribed time frames, the department shall include a detailed explanation of the reason why the notifications were not made within the prescribed time frames.

3. The department's compliance with ongoing search efforts made to locate missing, abducted or runaway children.

4. The department's compliance with subsection I of this section.

5. On the return of a runaway child to the department's care, the reason why the child ran away.

L. Within one hundred fifty days after September 14, 2024 and on a monthly basis thereafter, the department shall submit to the joint legislative budget committee, the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, a report that includes all of the following:

1. The department's compliance with all of the requirements of this section.

2. The number of missing, abducted and runaway children.

3. The number of missing, abducted and runaway children who have been found.

4. The percentage of times the department was in compliance with the requirements prescribed in subsections A, B, C and D of this section.

M. If the report submitted pursuant to subsection L of this section shows a less than ninety-five percent compliance rate with the requirements prescribed in subsection L, paragraph 4 of this section for more than four consecutive or nonconsecutive months in a twelve-month period, the department shall establish a missing, abducted and runaway children unit within the department. The missing, abducted and runaway children unit shall have at least four employees with at least one employee available twenty-four hours a day. The missing, abducted and runaway children unit may enter into contracts with any vendor necessary to ensure the department is in compliance with this section. If the missing, abducted and runaway children unit is established, the unit shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative oversight committee on the department of child safety established by section 41-1292. The report shall do all of the following:

1. Identify the reasons why the department is not in compliance with the requirements prescribed in subsections A, B, C and D of this section.

2. Identify the methods by which the missing, abducted and runaway children unit will achieve a ninety-five percent compliance rate with the requirements prescribed in subsections A, B, C and D of this section.

3. Include organizational changes that the department will make to ensure compliance with the requirements prescribed in subsections A, B, C and D of this section.

4. Recommend legislative changes that are necessary to ensure the department's compliance with the requirements prescribed in subsections A, B, C and D of this section.

N. The legislature may convene an oversight committee to address problems and deviations from policy and procedure and recommend corrective action plans. The legislature shall request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the department shall contract with a consulting firm that is licensed by this state for investigative services. The consulting firm shall present recommendations to the oversight committee on how to improve compliance with this section.

O. The legislature may convene the joint legislative oversight committee on the department of child safety established by section 41-1292 to address concerns and deviations from policy and procedure and provide recommendations. The legislature may request an annual independent audit of the department's compliance with this section. If the independent audit determines that the department is not in compliance, the independent audit shall provide recommendations for improving the department's efforts to locate missing, abducted or runaway children. If the joint legislative oversight committee on the department of child safety determines that the department, after the establishment of the missing, abducted and runaway children unit, has failed to meet the requirements of subsection M of this section for a period of more than two months, the department shall contract with a consulting firm that is licensed by this state for investigative services. The consulting firm shall present recommendations to the joint legislative oversight committee on the department of child safety on how to improve compliance with this section.

P. THE DEPARTMENT SHALL take all necessary actions PURSUANT TO THIS SECTION regardless of WHETHER THE DEPARTMENT HAS DETERMINED whether THE child IS A RUNAWAY. END_STATUTE

Sec. 2. Section 41-1728, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1728. Seek and find alert notification system; requirements; definitions

A. The department shall establish the seek and find alert notification system as a quick response system designed to issue and coordinate alerts following the report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older as described in subsection B of this section.

B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person who has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older, the department shall request an activation of the emergency alert system and issue a seek and find alert immediately, regardless of the missing person's age, if all of the following conditions are met:

1. The missing person has a developmental disability or a cognitive disability, Alzheimer's disease or dementia or is sixty-five years of age or older.

2. The law enforcement agency investigating the missing person report:

(a) Has used all available local resources.

(b) Has determined that the person is a runaway or has gone missing under unexplained or suspicious circumstances.

(c) Believes that the missing person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril.

3. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

4. The department has been designated to use the federally authorized emergency alert system for the issuance of seek and find alerts.

C. The department shall request an activation of the emergency alert system and issue a seek and find alert immediately pursuant to subsection B of this section. A seek and find alert may not be denied or delayed due to administrative processes, prior missing episodes or discretionary assessments that are unrelated to the immediate risk to the missing person's safety.

D. If the department issues a seek and find alert pursuant to this section, the department shall provide the seek and find alert information to any other entity that provides similar notifications in this state.

E. All law enforcement agencies in this state shall do all of the following:

1. Develop, implement and regularly update training criteria regarding the seek and find alert notification system pursuant to this section. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert alerts.

2. Conduct seek and find alert notification training for all employees of a law enforcement agency, at the time of hire and biannually, who have direct involvement in missing person cases, including the supervisors of these employees and communication dispatchers. The training shall include a review of any department and state policies regarding locating missing, abducted or runaway persons, with a specific focus on seek and find alert procedures. The training shall be comprehensive and shall create a solid foundation of knowledge regarding the legal criteria and processes involved in issuing a timely seek and find alert alerts.

F. The department shall issue a seek and find alert regardless of whether the department has determined whether the missing person is a runaway.

F. G. For the purposes of this section:

1. "Cognitive disability" has the same meaning prescribed in section 36-551.

2. "Developmental disability" has the same meaning prescribed in section 36-551. END_STATUTE

Sec. 3. Section 41-1728.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1728.01. Turquoise alert system; requirements; definitions

A. The department shall establish the turquoise alert system as a quick response system designed to issue and coordinate alerts following the report of a missing person.

B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person, the department shall request an activation of the emergency alert system and issue a turquoise alert if all of the following conditions are met:

1. The missing person is under sixty-five years of age.

2. The law enforcement agency investigating the missing person report:

(a) Has used all available local resources.

(b) Has determined that the person is a runaway or has gone missing under unexplained or suspicious circumstances.

(c) Believes that the missing person is in danger or that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril.

3. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

4. The department has been designated to use the federally authorized emergency alert system for the issuance of turquoise alerts.

C. If the department issues a turquoise alert pursuant to this section, the department shall provide the turquoise alert information to any other entity that provides similar notifications in this state.

D. The department shall issue a TURQUOISE alert regardless of whether the department has determined whether the missing person is a runaway.

D. E. For the purposes of this section:

1. "Law enforcement agency" means the Arizona department of public safety, a municipal police department, a county sheriff's office, a tribal law enforcement agency and or a federal law enforcement agency that operates within this state.

2. "Person" includes a member of a federally recognized Indian Tribe. END_STATUTE

Sec. 4. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1738, to read:

START_STATUTE41-1738. Amber alert; rule; runaway

The department shall adopt a rule that an amber alert shall be issued if the missing child meets the criteria to issue an amber alert, regardless of WHETHER THE CHILD IS A RUNAWAY. END_STATUTE