Current through Reg. 49, No. 45; November 8, 2024
Section 27.21 - Criteria for Entry(a) General. An agency entering missing person information in the National Crime Information Center (NCIC) and Texas Crime Information Center (TCIC) automated file must have in its possession documentation from a source other than the investigating police agency at the time of entry supporting the stated conditions under which the person is declared missing for NCIC and TCIC purposes. This documentation in the record will be reassurance that the rights to privacy of the individual will not be violated.(b) Criteria for entry in NCIC and TCIC missing person automated file. (1) Acceptable documentation for a person of any age who is missing and who is under proven physical or mental disability or is senile, thereby subjecting himself or others to personal and immediate danger, is a written statement from a physician or other authoritative source corroborating the missing person's physical or mental disability.(2) Acceptable documentation for a person of any age who is missing under circumstances indicating that the disappearance was not voluntary is a written statement from parent, legal guardian, family member, or other authoritative source advising that the missing person's disappearance was not voluntary.(3) Acceptable documentation for a person of any age who is in the company of another person under circumstances indicating that his physical safety is in danger is a written statement from parent, legal guardian, family member, or other authoritative source advising that the missing person is in the company of another person under circumstances indicating that his physical safety is in danger.(4) Acceptable documentation for a person who is declared unemancipated as defined by the laws of his state of residence and does not meet any of the entry criteria set forth above is a written statement from parent or legal guardian confirming that the person is missing and verifying the date of birth.(c) Criteria for entry of information relating to an endangered child in the TCIC missing person automated file. (1) Acceptable documentation for an endangered child who has been reported missing on four or more occasions in the 24-month period preceding the date of the current entry consists of copies of prior missing person reports from law enforcement and/or a written statement from parent, legal guardian, family member, or other authoritative source confirming prior incidents.(2) Acceptable documentation for an endangered child who is in foster care or in the conservatorship of the Department of Family and Protective Services and has been reported missing on two or more occasions in the 24-month period preceding the date of the current entry consists of copies of prior missing person reports from law enforcement and/or a written statement from parent, legal guardian, family member, or other authoritative source confirming prior incidents and a written statement from parent, legal guardian, family member, the Department of Family and Protective Services or other authoritative source confirming the missing individual is in foster care or in conservatorship.37 Tex. Admin. Code § 27.21
The provisions of this §27.21 adopted to be effective January 1, 1976; amended to be effective December 24, 2013, 38 TexReg 9376