1-1 By: Granoff (Senate Sponsor - Harris of Tarrant) H.B. No. 1731
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Luna
1-16 AMEND HB 1731 AS FOLLOWS:
1-17 On page 2, line 69, insert after the words "local juvenile
1-18 probation department," add the words "the Texas Juvenile Probation
1-19 Commission"
1-20 On page 3, line 30, add subsection (6): (6) "Juvenile
1-21 probation services" means services provided by a juvenile probation
1-22 department including: operation of a juvenile detention facility,
1-23 protective services, prevention of delinquent conduct indicating a
1-24 need for supervision, diversion, informal adjustment, foster care,
1-25 counseling, supervision and intensive supervision programs, and
1-26 diagnostic, correctional, and educational services."
1-27 A BILL TO BE ENTITLED
1-28 AN ACT
1-29 relating to the disposition, placement, and treatment of certain
1-30 children.
1-31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-32 SECTION 1. Section 54.04, Family Code, is amended by
1-33 amending Subsections (c), (d), and (i) and adding Subsection (l) to
1-34 read as follows:
1-35 (c) No disposition may be made under this section unless the
1-36 child is in need of rehabilitation or the protection of the public
1-37 or the child requires that disposition be made. If the court or
1-38 jury does not so find, the court shall dismiss the child and enter
1-39 a final judgment without any disposition. No disposition placing
1-40 the child on probation outside the child's home may be made under
1-41 this section unless the court or jury finds that the child, in the
1-42 child's home, cannot be provided the quality of care and level of
1-43 support and supervision that the child needs to meet the conditions
1-44 of the probation.
1-45 (d) If the court or jury makes the finding specified in
1-46 Subsection (c) of this section allowing the court to make a
1-47 disposition in the case:
1-48 (1) the court or jury may, in addition to any order
1-49 required or authorized under Section 54.041 or 54.042 of this code,
1-50 place the child on probation on such reasonable and lawful terms as
1-51 the court may determine <for a period not to exceed one year,
1-52 subject to extensions not to exceed one year each>:
1-53 (A) in his own home or in the custody of a
1-54 relative or other fit person; or
1-55 (B) subject to the finding under Subsection (c)
1-56 of this section on the placement of the child outside the child's
1-57 home, in:
1-58 (i) a suitable foster home; or
1-59 (ii) <(C) in> a suitable public or private
1-60 institution or agency, except the Texas Youth Commission;
1-61 (2) if the court or jury found at the conclusion of
1-62 the adjudication hearing that the child engaged in delinquent
1-63 conduct and if the petition was not approved by the grand jury
1-64 under Section 53.045 of this code, the court may commit the child
1-65 to the Texas Youth Commission without a determinate sentence; or
1-66 (3) if the court or jury found at the conclusion of
1-67 the adjudication hearing that the child engaged in delinquent
1-68 conduct that included a violation of a penal law listed in Section
2-1 53.045(a) of this code and if the petition was approved by the
2-2 grand jury under Section 53.045 of this code, the court or jury may
2-3 sentence the child to commitment in the Texas Youth Commission with
2-4 a transfer to the institutional division of the Texas Department of
2-5 Criminal Justice for any term of years not to exceed 40 years.
2-6 (i) If the court places the child on probation outside the
2-7 child's <his> home or commits the child to the Texas Youth
2-8 Commission, the court shall include in its order its determination
2-9 that <whether>:
2-10 (1) it is in the child's best interests to be placed
2-11 outside the child's <his> home; <and>
2-12 (2) reasonable efforts were made to prevent or
2-13 eliminate the need for the child's removal from the home and to
2-14 make it possible for the child to return to the child's <his> home;
2-15 and
2-16 (3) the child, in the child's home, cannot be provided
2-17 the quality of care and level of support and supervision that the
2-18 child needs to meet the conditions of probation.
2-19 (l) A court or jury may place a child on probation under
2-20 Subsection (d)(1) of this section for any period, except that
2-21 probation may not continue on or after the child's 18th birthday.
2-22 The court may, before the period of probation ends, extend the
2-23 probation for any period, except that the probation may not extend
2-24 to or after the child's 18th birthday.
2-25 SECTION 2. Section 54.06, Family Code, is amended to read as
2-26 follows:
2-27 Sec. 54.06. Judgments for Support. (a) At any stage of the
2-28 proceeding, when a child has been placed outside the child's <his>
2-29 home, the juvenile court, after giving the parent or other person
2-30 responsible for the child's support a reasonable opportunity to be
2-31 heard, shall order the parent or other person to pay in a manner
2-32 directed by the court a reasonable sum for the support in whole or
2-33 in part of the child or the court shall waive the payment by order.
2-34 The court shall order that the payment for support be made to the
2-35 local juvenile probation department to be used only for residential
2-36 care and other support for the child unless the child has been
2-37 committed to the Texas Youth Commission, in which case the court
2-38 shall order that the payment be made to the Texas Youth Commission
2-39 for deposit in a special account in the general revenue fund that
2-40 may be appropriated only for the care of children committed to the
2-41 commission <to the General Revenue Fund>.
2-42 (b) At any stage of the proceeding, when a child has been
2-43 placed outside the child's home and the parent of the child is
2-44 obligated to pay support for the child under a court order under
2-45 Title 2 of this code, the juvenile court shall order that the
2-46 person entitled to receive the support assign the person's right to
2-47 support for the child placed outside the child's home to the local
2-48 juvenile probation department to be used for residential care and
2-49 other support for the child unless the child has been committed to
2-50 the Texas Youth Commission, in which event the court shall order
2-51 that the assignment be made to the Texas Youth Commission.
2-52 (c) Orders for support may be enforced as provided in
2-53 Section 54.07 of this code.
2-54 SECTION 3. Subchapter C, Chapter 61, Human Resources Code,
2-55 is amended by adding Sections 61.0385 and 61.0395 to read as
2-56 follows:
2-57 Sec. 61.0385. CRISIS INTERVENTION AND ASSESSMENT CENTERS.
2-58 The commission may establish a children's crisis intervention and
2-59 assessment center at a facility owned or operated by the
2-60 commission. The commission may contract with another entity for
2-61 the provision or use of services at the center.
2-62 Sec. 61.0395. SERVICES FOR CHILDREN NOT COMMITTED TO THE
2-63 COMMISSION. The commission may provide services to a child not
2-64 committed to the commission if the commission contracts with a
2-65 local juvenile probation department, the Texas Department of Human
2-66 Services, or the Department of Protective and Regulatory Services
2-67 to provide services to the child.
2-68 SECTION 4. Section 61.071, Human Resources Code, is amended
2-69 to read as follows:
2-70 Sec. 61.071. Initial Examination. The commission shall
3-1 examine and make a study of each child committed to it as soon as
3-2 possible after commitment <the arrival of the child>. The study
3-3 shall be made according to rules established by the commission and
3-4 shall include long-term planning for the child, including a
3-5 determination of whether the child will <an investigation of all
3-6 pertinent circumstances of the life and behavior of the child. One
3-7 objective of the study shall be to identify recidivists or other
3-8 children who may> need long-term residential care.
3-9 SECTION 5. Section 61.0811, Human Resources Code, is amended
3-10 to read as follows:
3-11 Sec. 61.0811. PAROLE MANAGEMENT. The commission shall
3-12 develop a management system for parole services that objectively
3-13 measures and provides for:
3-14 (1) the systematic examination of children's needs and
3-15 the development of treatment plans to address those needs;
3-16 (2) the evaluation of <children's> homes, foster
3-17 homes, and public and private institutions as constructive parole
3-18 placements;
3-19 (3) the classification of children based on the level
3-20 of children's needs and the degree of risk presented to the public;
3-21 (4) the objective measurement of parole officer
3-22 workloads; and
3-23 (5) the gathering and analysis of information related
3-24 to the effectiveness of parole services and to future parole
3-25 requirements.
3-26 SECTION 6. Subchapter C, Chapter 141, Human Resources Code,
3-27 is amended by adding Section 141.0476 to read as follows:
3-28 Sec. 141.0476. MEMORANDUM OF UNDERSTANDING ON CERTAIN ABUSED
3-29 OR NEGLECTED CHILDREN. (a) The commission, the Texas Youth
3-30 Commission, and the Department of Protective and Regulatory
3-31 Services shall maintain a joint memorandum of understanding
3-32 relating to children who are abused or neglected or who are at risk
3-33 of abuse or neglect. The memorandum must:
3-34 (1) establish guidelines for the referral of children
3-35 under the supervision of the Texas Youth Commission or a juvenile
3-36 probation department who are abused or neglected or who are at risk
3-37 of abuse or neglect to the Department of Protective and Regulatory
3-38 Services; and
3-39 (2) establish procedures by which the Department of
3-40 Protective and Regulatory Services may intervene in the treatment
3-41 of the children and, when appropriate, allow the children to return
3-42 to the supervision of the juvenile probation department.
3-43 (b) The commission shall act as the lead agency in
3-44 coordinating the development and implementation of the memorandum.
3-45 (c) Not later than the last month of each state fiscal year,
3-46 the commission, the Texas Youth Commission, and the Department of
3-47 Protective and Regulatory Services shall review and revise the
3-48 memorandum.
3-49 (d) Each agency must adopt the memorandum and any revision
3-50 to the memorandum by rule.
3-51 (e) In this section, "abuse" and "neglect" have the meanings
3-52 assigned by Section 34.012, Family Code.
3-53 SECTION 7. Section 61.063, Human Resources Code, is
3-54 repealed.
3-55 SECTION 8. (a) This Act takes effect September 1, 1993.
3-56 (b) The Texas Juvenile Probation Commission, the Texas Youth
3-57 Commission, and the Department of Protective and Regulatory
3-58 Services must complete the memorandum of understanding required by
3-59 Section 141.0476, Human Resources Code, as added by this Act, on or
3-60 before October 31, 1993.
3-61 (c) Section 2 of this Act applies to the placement of a
3-62 child outside the child's home under Title 3, Family Code, without
3-63 regard to whether the proceedings relating to the child under that
3-64 title began before, on, or after the effective date of this Act.
3-65 SECTION 9. The importance of this legislation and the
3-66 crowded condition of the calendars in both houses create an
3-67 emergency and an imperative public necessity that the
3-68 constitutional rule requiring bills to be read on three several
3-69 days in each house be suspended, and this rule is hereby suspended.
3-70 * * * * *
4-1 Austin,
4-2 Texas
4-3 May 25, 1993
4-4 Hon. Bob Bullock
4-5 President of the Senate
4-6 Sir:
4-7 We, your Committee on Jurisprudence to which was referred H.B. No.
4-8 1731, have had the same under consideration, and I am instructed to
4-9 report it back to the Senate with the recommendation that it do
4-10 pass, as amended, and be printed.
4-11 Henderson,
4-12 Chairman
4-13 * * * * *
4-14 WITNESSES
4-15 No witnesses appeared on H.B. No. 1731.