| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the diversion of certain foster youth from the juvenile |
|
|
justice system, including through emergency behavior intervention |
|
|
by certain persons providing foster care services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 53.01(b-1), Family Code, is amended to |
|
|
read as follows: |
|
|
(b-1) The person who is conducting the preliminary |
|
|
investigation shall, as appropriate, refer the child's case to a |
|
|
community resource coordination group, a local-level interagency |
|
|
staffing group, or other community juvenile service provider for |
|
|
services under Section 53.011, if the person determines that: |
|
|
(1) [the child is younger than 12 years of age; |
|
|
[(2)] there is probable cause to believe the child |
|
|
engaged in delinquent conduct or conduct indicating a need for |
|
|
supervision; |
|
|
(2) [(3)] the child's case does not require referral |
|
|
to the prosecuting attorney under Subsection (d) or (f); |
|
|
(3) [(4)] the child is eligible for deferred |
|
|
prosecution under Section 53.03; and |
|
|
(4) [(5)] the child: |
|
|
(A) is younger than 12 years of age, and the child |
|
|
and the child's family are not currently receiving services under |
|
|
Section 53.011 and would benefit from receiving the services; or |
|
|
(B) resides in a general residential operation, |
|
|
as that term is defined by Section 42.002, Human Resources Code. |
|
|
SECTION 2. Section 42.0426, Human Resources Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) A residential child-care facility shall implement a |
|
|
behavior intervention program approved by the department for the |
|
|
benefit of a child served by the facility who needs assistance in |
|
|
managing the child's conduct. The program must include: |
|
|
(1) behavior intervention instruction for staff |
|
|
members who work directly with children served by the facility, |
|
|
including crisis response training for emergency behavior |
|
|
intervention with a goal of limiting law enforcement involvement; |
|
|
and |
|
|
(2) training for all employees regarding the risks |
|
|
associated with the use of prone restraints. |
|
|
(b-1) The crisis response training required by Subsection |
|
|
(b)(1) may be conducted jointly with local law enforcement to |
|
|
maximize the effectiveness of the training. |
|
|
SECTION 3. Section 152.00145, Human Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN |
|
|
JUVENILES. (a) In this section, "general residential operation" |
|
|
has the meaning assigned by Section 42.002. |
|
|
(b) A juvenile board shall establish policies that |
|
|
prioritize: |
|
|
(1) the diversion from referral to a prosecuting |
|
|
attorney under Chapter 53, Family Code, of children who are: |
|
|
(A) younger than 12 years of age [from referral |
|
|
to a prosecuting attorney under Chapter 53, Family Code]; or |
|
|
(B) residing in a general residential operation, |
|
|
particularly children alleged to have engaged in conduct |
|
|
constituting a misdemeanor involving violence to a person; and |
|
|
(2) the limitation of detention, to circumstances of |
|
|
last resort, of children who are: |
|
|
(A) younger than 12 years of age; |
|
|
(B) residing in an unregulated setting and being |
|
|
supervised by a caseworker employed by the Department of Family and |
|
|
Protective Services due to a lack of a safe and appropriate licensed |
|
|
foster care placement or relative placement; or |
|
|
(C) residing in a general residential operation |
|
|
[to circumstances of last resort]. |
|
|
(c) To monitor the success of policies implemented under |
|
|
Subsection (b) for children who reside in general residential |
|
|
operations, a juvenile board shall track: |
|
|
(1) the number of children referred to the board who |
|
|
reside in a general residential operation; |
|
|
(2) the number of children described by Subdivision |
|
|
(1) who receive deferred prosecution or are referred to the |
|
|
juvenile probation department; and |
|
|
(3) the general residential operation where a child |
|
|
described by Subdivision (1) resides. |
|
|
SECTION 4. Section 53.01(b-1), Family Code, as amended by |
|
|
this Act, applies only to conduct that occurs on or after the |
|
|
effective date of this Act. Conduct that occurs before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the conduct occurred, and the former law is continued in effect |
|
|
for that purpose. For the purposes of this section, conduct |
|
|
occurred before the effective date of this Act if any element of the |
|
|
conduct occurred before that date. |
|
|
SECTION 5. The change in law made by this Act to Section |
|
|
42.0426(b), Human Resources Code, is intended to permit a |
|
|
residential child-care facility to supplement existing training |
|
|
requirements in effect before the effective date of this Act and to |
|
|
conduct the training outside of the existing training curricula. |
|
|
Section 42.0426, Human Resources Code, as amended by this Act, may |
|
|
not be construed as requiring the purchase of a new training program |
|
|
or as requiring additional training hours. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |