(a) The Endangered Missing Persons Alert Network (the network) was developed as a statewide emergency response system for those missing persons with an intellectual disability. The network is designed to be activated when the disappearance of a missing person with a diagnosed intellectual disability poses a credible threat to his or her health and safety.
(b) A diagnosed intellectual disability will be determined according to the procedure prescribed by Health and Safety Code, §593.005.
(c) Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications, and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in a responsible manner.
(d) Network activations must be limited to those instances where the criteria for activation are clearly established by the specific facts of the case. The department's determination on the activation of the Endangered Missing Persons Alert Network is a final determination.

Source Note: The provisions of this §9.41 adopted to be effective December 19, 2011, 36 TexReg 8575