Current through Reg. 50, No. 13; March 28, 2025
(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.
