| (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.
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