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.