HBA-SEB C.S.S.B. 1735 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1735 By: Zaffirini Juvenile Justice and Family Issues 5/5/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE In 1995, the United States Congress set aside $35 million in entitlement grants to state courts over a four-year period. The Court Improvement Project (CIP) required each state court system to conduct a detailed assessment of judicial proceedings in foster care and adoption cases, and to develop a plan to improve the administration of justice in these cases. Reform in this area of litigation was needed because of the increasing pressures and requirements upon the nation's juvenile courts, including rapidly escalating judicial caseloads and the growing complexity of the litigation. CIP funding has been extended three more years. Texas' total allocation over the sevenyear grant period is more than $3.5 million. The Texas Supreme Court Task Force on Foster Care was appointed in 1995 to oversee the project, which is administered by the Texas Department of Protective and Regulatory Services (DPRS). In its initial assessment of the foster care system, the Task Force found that children adopted out of the foster care system spent an average of 40.8 months in care before their adoption was finalized. Less fortunate children spent their lives in foster care waiting to be adopted. C.S.S.B. 1735 provides for the appointment of associate judges to assist in reducing the caseload in those areas which are especially in need of assistance in order to reduce the amount of time these children are in foster care. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 201.001(e), Family Code, to provide that this section (Appointment) does not apply to an associate judge appointed under Subchapter C. SECTION 2. Amends Section 201.003(d), Family Code, to provide that this section (Compensation) does not apply to an associate judge appointed under Subchapter C. SECTION 3. Amends Section 201.004(d), Family Code, to provide that this section (Termination of Associate Judge) does not apply to an associate judge appointed under Subchapter C. SECTION 4. Amends Sections 201.005(c), (d), and (e), Family Code, to provide that a party must file an objection to an associate judge presiding at a jury trial within 10 days of receiving notice that the judge will hear the trial. Requires the referring court to preside at the jury trial if an objection is filed. Deletes existing text to make a conforming change. SECTION 5. Amends Section 201.007, Family Code, to authorize an associate judge to order the attachment of a witness or party who fails to obey a subpoena and to order the detention of a witness or party found guilty of contempt, pending approval by the referring court. Authorizes an associate judge to refer a case back to the referring court regardless of whether a timely objection to the associate judge hearing the trial on the merits or presiding at a jury trial has been made by any party. SECTION 6. Amends Section 201.009, Family Code, to authorize a court reporter to be provided during a hearing held by an associate judge. Requires a court reporter to be provided when the associate judge presides over a jury trial or a final termination hearing. Authorizes the referring court during appeal to consider testimony or other evidence in the record, if the record is taken by a court reporter, in addition to witnesses or other matters. Makes conforming and nonsubstantive changes. SECTION 7. Amends Sections 201.011(a)-(c) and (e), Family Code, to include a proposed order among the list of items that an associate judge's report is authorized to contain. Makes conforming changes. SECTION 8. Amends Section 201.013, Family Code, by amending Subsection (a), and adding Subsection (c), as follows: (a) Makes conforming changes. (c) Requires an order by an associate judge for the temporary detention or incarceration of a witness or party to be presented to the referring court on the day the witness or party is detained or incarcerated. Authorizes the referring court to approve the temporary detention or incarceration or to order the release of the party or witness, with or without bond, pending appeal. Authorizes the associate judge, if the referring court is not immediately available, to order the release of the party or witness, with or without bond, pending appeal, or to continue the person's detention or incarceration for not more than 72 hours. SECTION 9. Amends Section 201.014, Family Code, to make a conforming change. SECTION 10. Amends Section 201.015, Family Code, by amending Subsection (c) and adding Subsections (h) and (i), as follows: (c) Authorizes a referring court, on appeal, to consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury, if the record was heard by a court reporter. (h) Provides that denial of an appeal or waiver of the right to appeal to the referring court does not affect the right of a party to file a motion for new trial, motion for judgment notwithstanding the verdict, or other post-trial motion. (i) Prohibits a party from demanding a second jury on appeal of an associate judge's report, including any proposed order, resulting from a jury trial. SECTION 11. Amends 201.102(b), Family Code, to delete existing text that confers the powers of an associate judge upon a master. SECTION 12. Amends Chapter 201, Family Code, by adding Subchapter C, as follows: SUBCHAPTER C. ASSOCIATE JUDGE FOR SUBSTITUTE CARE AND CHILD PROTECTIVE SERVICES CASES Sec. 201.201. AUTHORITY OF PRESIDING JUDGE. Requires the presiding judge of each administrative judicial region, after conferring with the judges of courts in the region having family law jurisdiction and a substitute care caseload, to determine which courts require the appointment of a full-time or part-time associate judge to complete each case within the time limits specified in Chapters 262 (Emergency Procedures in Suit by Governmental Entity) and 263 (Review of Placement of Children Under Care of Department of Protective and Regulatory Services), Family Code. Authorizes the presiding judge to limit the appointment to a specified period and to terminate an appointment at any time. Authorizes an associate judge to be appointed to serve more than one court. Authorizes two or more judges of administrative judicial regions to jointly appoint one or more associate judges to serve the regions. Requires the presiding judge to appoint an associate judge if the presiding judge determines that an associate judge is required. Requires all substitute care cases to be referred to the associate judge by a general order if the associate judge is appointed. Provides that this section does not limit the jurisdiction of a court to issue orders under Chapter 262 or 263. Sec. 201.202. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES. Provides that Subchapter A applies to an associate judge appointed under this subchapter, except as provided by this subchapter. Authorizes an associate judge to reside anywhere in the administrative judicial region or regions in which the court to which the associate judge is appointed is located. Sec. 201.203. DESIGNATION OF HOST COUNTY. Requires the presiding judges of the administrative judicial regions to determine the host county of an associate judge by majority vote, subject to the approval of the commissioner's court of the proposed host county. Requires the host county to provide an adequate courtroom and quarters, including furniture, necessary utilities, and telephone equipment and service, for the associate judge and other personnel assisting the associate judge. Provides that the associate judge is not required to reside in the host county. Sec. 201.204. GENERAL POWERS AN D DUTIES OF ASSOCIATE JUDGE. Authorizes an associate judge to refer a complex case back to the referring court for final disposition after recommending temporary orders for the protection of a child. Requires an associate judge to take testimony and make a record in a case. Sec. 201.205. COMPENSATION OF ASSOCIATE JUDGE. Entitles an associate judge appointed under this subchapter to a salary as determined by a majority vote of the presiding judges of the administrative judicial regions. Prohibits the salary from exceeding 90 percent of the salary paid to a district judge. Requires the associate judge's salary to be paid from county funds available for payment of officers' salaries or from funds available from the state and federal governments as provided in Section 201.207. Sec. 201.206. PERSONNEL. Authorizes the presiding judge of an administrative judicial region or the presiding judges of the administrative judicial regions, by majority vote, to appoint personnel as needed to implement and administer the provision of this subchapter. Requires the salary of the personnel to be paid from county funds available for payment of officers' salaries subject to the approval of the commissioners court or from funds available from the state and federal governments. Sec. 201.207. STATE AND FEDERAL FUNDS; PERSONNEL. Authorizes the office of court administration to contract for available state and federal funds from any source and to employ personnel needed to implement and administer this subchapter. Provides that an associate judge and other personnel appointed under this subsection are state employees. Authorizes the presiding judges of the administrative judicial regions, state agencies, and counties to contract for available federal funds from any source to reimburse costs and salaries associated with associate judges and personnel appointed under this section and to use available state funds and public or private grants. Requires the presiding judges and the office of court administration in cooperation with other agencies to take action necessary to maximize the amount of federal money available to fund the use of associate judges under this subchapter. Sec. 201.208. APPOINTMENT OF ASSOCIATE JUDGE FOR CHILD PROTECTION CASES. Authorizes the presiding judge of an administrative judicial region to appoint an associate judge for a court handling child protection cases. Provides that this chapter does not limit the authority of a presiding judge to appoint visiting or retired judges to assist in processing cases in a reasonable time. SECTION 13. Repealer: Section 201.1085 (Discretionary Appointment of Master for Child Protection Cases), as added by Chapter 600 and Chapter 1022, Acts of the 75th Legislature, Regular Session, 1997. SECTION 14. Effective date: September 1, 1999. SECTION 15. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 12 by changing proposed Section 201.203 to require the presiding judges of the administrative judicial regions to determine the host county of an associate judge by majority vote, subject to the approval of the commissioner's court of the proposed host county. The original did not require the approval of the commissioner's court. The substitute modifies the original in SECTION 13 to remove a repealer. The original would have repealed Section 201.111, Family Code (Time to Act on Master's Report).