HB 1034 - This act modifies the definition of a "missing child" in the context of law enforcement searches of missing children to include persons under 18 years of age, foster children regardless of age, emancipated minors, or homeless youth. Any agency or placement provider, including the Children's Division, with the care and custody of a child who is missing shall file a missing child complaint with the appropriate law enforcement agency within 2 hours of determining the child to be missing. The law enforcement agency shall immediately submit information on the missing child to the National Center for Missing and Exploited Children (NCMEC). The law enforcement agency shall institute a proper investigation and search for the missing child and maintain contact with the agency or placement provider making the complaint. The missing child's entry shall not be removed from any database or system until the child is found or the case is closed. In the case of a child in the custody of the state who is determined to be missing, the child's case manager shall maintain information on the report and continue making contact with the child's family, juvenile officer, and guardian ad litem, among others. The case manager shall continue to contact law enforcement, as described in the act, and make quarterly reports to the court as to the child's status and efforts to locate the child. The Division shall not petition the court for a release of jurisdiction for the child or stop searching for the child while the child is missing until the child reaches 21.
The Division shall develop protocols for conducting ongoing searches for children missing from care, as well as implement preventative measures to identify and mitigate risks to children who are at increased risk of running away, disappearing, or experiencing trafficking. The Division shall ensure that each child in the care and custody of the Division has an updated photograph in the child's record.
Any employee or contractor with the Division, service providers contracted by the Division, child welfare agencies, other state agencies, or schools shall, upon becoming aware that an emancipated minor or homeless youth is missing, inform the appropriate law enforcement agency and NCMEC within 24 hours.
These provisions are identical to provisions in HCS/SS/SB 198 and substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al. (2023), and SB 646 (2023).
This act modifies current law regarding diligent searches for grandparents or relatives when a child is removed from a home and is need of placement. This act further defines what a diligent search for relatives shall entail and what notice should be provided to any relatives found of their rights to become a foster parent for the child. All diligent search efforts and placements shall be completed within 6 months of the child entering the custody of the state, unless otherwise specified. There shall be a preference of placement for a child to remain in a current foster family placement.
Finally, this act modifies preferential placement for relatives by removing the distinction between relatives in the third degree and other relatives and adding foster parents or kinship caregivers with whom a child has resided for 9 months or more in the definition of a relative.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SCS/HS/HCS/HBs 1108 & 1181 (2023), and HCS/SS/SB 198 (2023) and similar to SB 665 (2023).
Under this act, the Children's Division and child placing agencies shall, whenever practicable, select either a person or agency or institution governed by persons of the same religious faith as that of the child's parents or that of the child, as described in the act, when placing a child.
This provision is identical to a provision in HCS/SS/SCS/SB 129 (2023), HCS/SS/SB 198 (2023), and SB 621 (2023).
SARAH HASKINS