Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. (a) If a law enforcement officer encounters a person listed on the Texas Crime Information Center's child safety check alert list who is alleged to have abused or neglected a child, or encounters a child listed on the alert list who is the subject of a report of child abuse or neglect the department is attempting to investigate, the officer shall:

• A. Request information from the person or the child regarding the child's well-being and current residence.
• B. Take possession of the child without a court order.
• C. Arrest the person on the spot.
• D. Refer the case to the department.

Answer: (A)

When a law enforcement officer encounters someone on the child safety check alert list, the first obligation is to assess the child’s safety by gathering essential facts. Asking for information about the child’s well-being and current residence provides immediate insight into whether the child is safe, where the child is living, and who is caring for them. This information helps determine if protective services need to be involved and what steps to take next, all while avoiding actions that require court orders or different authorities.

Taking possession of the child without a court order isn’t automatically allowed and would require specific emergency or protective-removal authorities. Arresting the person solely because they’re on the alert list isn’t mandated by this regulation. Referring the case to the department may happen as part of follow-up, but the immediate action the statute requires is to request information about the child’s well-being and residence.