By Turner of Harris                                   H.B. No. 2662
         77R3853 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the office of advocate for children in the custody of a
 1-3     governmental entity.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle B, Title 3, Human Resources Code, is
 1-6     amended by adding Chapter 71 to read as follows:
 1-7           CHAPTER 71.  OFFICE OF ADVOCATE FOR CHILDREN IN CUSTODY
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Sec. 71.001.  DEFINITIONS. In this chapter:
1-10                 (1)  "Center" means the University of Houston Center
1-11     for Youth Policy Development.
1-12                 (2)  "Child advocate" means the individual who has been
1-13     appointed under this chapter to the office of advocate for children
1-14     in custody.
1-15                 (3)  "Commission" means the Texas Youth Commission.
1-16                 (4)  "Department" means the Department of Protective
1-17     and Regulatory Services.
1-18                 (5)  "Juvenile justice agency" means an agency that has
1-19     custody or control over juvenile offenders, including a juvenile
1-20     court.
1-21           Sec. 71.002.  JURISDICTION. For the purposes of this chapter,
1-22     the office of advocate for children in custody has jurisdiction
1-23     over a child:
1-24                 (1)  in the custody of the commission, including a
 2-1     child released under supervision before final discharge;
 2-2                 (2)  in the custody or control of a juvenile justice
 2-3     agency under the authority of Title 3, Family Code; or
 2-4                 (3)  involved in any proceeding or action under
 2-5     Subtitle E, Title 5, Family Code, including a child who is:
 2-6                       (A)  the subject of a report of abuse or neglect
 2-7     under Chapter 261, Family Code;
 2-8                       (B)  taken possession of by a governmental entity
 2-9     under Chapter 262, Family Code; or
2-10                       (C)  placed in the care of the department.
2-11           Sec. 71.003.  PURPOSE. The purpose of the office of advocate
2-12     for children in custody is to secure the rights of certain children
2-13     who are in the care or custody of a governmental entity.
2-14               (Sections 71.004-71.050 reserved for expansion
2-15             SUBCHAPTER B.  APPOINTMENT AND MANAGEMENT OF OFFICE
2-16           Sec. 71.051.  OFFICE.  (a)  The office of advocate for
2-17     children in custody is administratively attached to the center. The
2-18     organization, control, and management of the office is vested in
2-19     the board of regents of the University of Houston.
2-20           (b)  The board of regents must approve:
2-21                 (1)  the employment of personnel by the office; and
2-22                 (2)  the operating budget of the office.
2-23           (c)  An employee of the office is an employee of the
2-24     University of Houston.
2-25           (d)  The staff of the center serve as the staff of the
2-26     office.
2-27           Sec. 71.052.  CHILD ADVOCATE.  (a)  The child advocate is the
 3-1     director of the center.
 3-2           (b)  The child advocate must be:
 3-3                 (1)  an attorney who has been licensed to practice law
 3-4     in this state for at least three years; and
 3-5                 (2)  a person qualified by training and experience to
 3-6     perform the duties and exercise the power under Subchapter C.
 3-7           (c)  The child advocate is an employee of the University of
 3-8     Houston and reports to the legislature at the beginning of each
 3-9     regular legislative session or as otherwise directed by the
3-10     legislature.
3-11           Sec. 71.053.  ASSISTANTS. The child advocate may appoint
3-12     assistants to perform, under the direction of the child advocate,
3-13     the same duties and exercise the same powers as the child advocate.
3-14           Sec. 71.054.  INDEPENDENCE. The child advocate, in the
3-15     performance of the duties under Subchapter C, acts independently of
3-16     the commission, the department, and juvenile justice agencies.
3-17           Sec. 71.055.  REPORT. On or before January 1 of each
3-18     odd-numbered year, the child advocate shall submit to the governor,
3-19     the lieutenant governor, and each member of the legislature a
3-20     report that describes, for the two-year period preceding the
3-21     report:
3-22                 (1)  the work of the child advocate;
3-23                 (2)  the results of any review or investigation
3-24     undertaken by the child advocate; and
3-25                 (3)  any recommendations that the child advocate has in
3-26     relation to the children over which the advocate has jurisdiction
3-27     as described by Section 71.002.
 4-1           Sec. 71.056.  CONFIDENTIALITY. (a)  Except as otherwise
 4-2     provided by this section, the records of the child advocate are
 4-3     confidential.
 4-4           (b)  The child advocate shall disclose its records if
 4-5     required by a court order on a showing of good cause.
 4-6           (c)  The child advocate may make reports relating to an
 4-7     investigation public after the investigation is complete but the
 4-8     names of all children, parents, and employees must remain
 4-9     confidential.
4-10           Sec. 71.057.  GIFTS AND GRANTS.  The board of regents of the
4-11     University of Houston may accept gifts, grants, and donations from
4-12     any person for the benefit of the office of advocate for children
4-13     in custody.
4-14               (Sections 71.058-71.100 reserved for expansion
4-15                      SUBCHAPTER C.  DUTIES AND POWERS
4-16           Sec. 71.101.  RIGHTS OF CHILDREN. (a)  The child advocate
4-17     shall, for the children over which the advocate has jurisdiction as
4-18     described by Section 71.002:
4-19                 (1)  ensure that each child 10 years of age or older is
4-20     apprised of the rights of the child;
4-21                 (2)  review the procedures established by the
4-22     commission, the department, and juvenile justice agencies, to
4-23     ensure that the rights of the children in the custody of those
4-24     respective agencies are fully observed; and
4-25                 (3)  take any appropriate action, including
4-26     establishing public education programs, administrative action,
4-27     mediation, and formal legal action, to secure the rights of the
 5-1     children.
 5-2           (b)  The child advocate may apprise persons other than the
 5-3     child who are interested in the child's welfare of the rights of
 5-4     the child.
 5-5           (c)  The child advocate may, to assess if a child's rights
 5-6     have been violated, contact or consult with an administrator,
 5-7     employee, child, parent, expert, or any other individual in its
 5-8     investigation or to secure information.
 5-9           (d)  The child advocate shall develop a children's bill of
5-10     rights.
5-11           Sec. 71.102.  INVESTIGATION OF DEATHS. The child advocate
5-12     shall investigate the death of any child in the custody of the
5-13     commission, the department, or a juvenile justice agency.
5-14           Sec. 71.103.  REVIEW, INVESTIGATION, AND RECOMMENDATIONS. The
5-15     child advocate shall:
5-16                 (1)  review complaints filed with the child advocate
5-17     and investigate each complaint in which it appears that a child
5-18     over which the advocate has jurisdiction as described by Section
5-19     71.002 may be in need of assistance from the child advocate;
5-20                 (2)  review or inspect periodically the facilities and
5-21     procedures of any public or private institution or residence in
5-22     which a child over which the child advocate has jurisdiction as
5-23     described by Section 71.002 has been placed by the commission, the
5-24     department, or a juvenile justice agency to ensure that the rights
5-25     of children are fully observed;
5-26                 (3)  review orders of juvenile courts;
5-27                 (4)  review orders of courts in which a suit has been
 6-1     filed after a child has been taken into possession without a court
 6-2     order by a governmental entity under Chapter 262, Family Code;
 6-3                 (5)  review procedures by the department in
 6-4     investigating reports of child abuse or neglect under Subchapter D,
 6-5     Chapter 261, Family Code; and
 6-6                 (6)  recommend changes in any procedure relating to the
 6-7     treatment of children over which the advocate has jurisdiction as
 6-8     described by Section 71.002.
 6-9           Sec. 71.104.  TRAINING. (a)  The child advocate shall provide
6-10     training and technical assistance to a guardian ad litem appointed
6-11     by a juvenile court under Section 51.11, Family Code, or any other
6-12     guardian ad litem representing a child over which the child
6-13     advocate has jurisdiction as described by Section 71.002.
6-14           (b)  The child advocate may develop and provide a training
6-15     curriculum for the standardization of training of the persons
6-16     described by Subsection (a).
6-17           Sec. 71.105.  PROMOTION OF AWARENESS OF OFFICE. The child
6-18     advocate shall promote awareness among the public and the children
6-19     over which the advocate has jurisdiction as described by Section
6-20     71.002 of how the office may be contacted and of:
6-21                 (1)  the purpose of the office of advocate for children
6-22     in custody as described by Section 71.003; and
6-23                 (2)  the services the office provides.
6-24           Sec. 71.106.  RESEARCH AND OUTREACH.  The office of advocate
6-25     for children in custody may:
6-26                 (1)  conduct, coordinate, collect, and evaluate
6-27     research in all areas relating to child advocacy and protecting the
 7-1     rights of children;
 7-2                 (2)  serve as a state and national resource for
 7-3     information on the protection of children's rights; and
 7-4                 (3)  assist communities, governmental agencies, or
 7-5     private entities in implementing programs, policies, and strategies
 7-6     that address the protection of children's rights, create
 7-7     partnerships, engage in collaborative efforts or outreach, perform
 7-8     public service, or conduct training or technical assistance
 7-9     programs.
7-10           Sec. 71.107.  AGREEMENTS AND CONTRACTS.  The office for
7-11     advocate of children in custody may enter into a cooperative
7-12     agreement or contract with any person to perform the duties of the
7-13     office.
7-14               (Sections 71.108-71.150 reserved for expansion)
7-15                SUBCHAPTER D.  INFORMATION AND COMMUNICATION
7-16           Sec. 71.151.  ACCESS TO INFORMATION OF GOVERNMENTAL ENTITIES.
7-17     (a)  The commission shall allow the child advocate access to its
7-18     records relating to the children in its custody or under its
7-19     jurisdiction.
7-20           (b)  The department shall allow the child advocate access to:
7-21                 (1)  its central registry of reported cases of child
7-22     abuse or neglect established under Section 261.002, Family Code,
7-23     and any other reports of child abuse or neglect that the department
7-24     maintains; and
7-25                 (2)  records relating to any child in its possession or
7-26     protective custody or under its jurisdiction.
7-27           (c)  The Department of Public Safety shall allow the child
 8-1     advocate access to the juvenile justice information system
 8-2     established under Subchapter B, Chapter 58, Family Code.
 8-3           (d)  A local law enforcement agency shall allow the child
 8-4     advocate access to its records relating to any child over which the
 8-5     advocate has jurisdiction as described by Section 71.002.
 8-6           (e)  A juvenile justice agency shall allow the child advocate
 8-7     access to its records relating to any child in its custody or under
 8-8     its jurisdiction.
 8-9           Sec. 71.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES. The
8-10     child advocate may subpoena the records of a private entity that
8-11     relate to a child over which the advocate has jurisdiction as
8-12     described by Section 71.002.
8-13           Sec. 71.153.  COMMUNICATION. (a)  For any child in the
8-14     custody of the commission, the department, or a juvenile justice
8-15     agency, the respective entity shall allow the child advocate to
8-16     communicate with the child.  The communication is a confidential
8-17     and privileged communication within the attorney-client
8-18     relationship.
8-19           (b)  The communication may be in person, by mail, or by any
8-20     other means.
8-21               (Sections 71.154-71.200 reserved for expansion)
8-22                         SUBCHAPTER E.  ENFORCEMENT
8-23           Sec. 71.201.  CIVIL ACTION FOR DAMAGES. (a)  The child
8-24     advocate may institute a suit on behalf of any child that is in the
8-25     custody of the commission, the department, or a juvenile justice
8-26     agency for damages against the commission, the department, or the
8-27     agency if the suit is authorized under:
 9-1                 (1)  Chapter 101, Civil Practice and Remedies Code; or
 9-2                 (2)  federal law.
 9-3           (b)  Any judgment for damages or order for settlement of a
 9-4     claim for damages entered by a court is the estate of the child for
 9-5     whose benefit the judgment or order is entered.  The child advocate
 9-6     shall:
 9-7                 (1)  deposit the money as a result of a judgment or
 9-8     order in a trust account outside the state treasury to be
 9-9     administered by the advocate on behalf of the child; and
9-10                 (2)  administer the trust for the child by exercising
9-11     the powers and carrying out the duties of a trustee under Chapter
9-12     113, Property Code.
9-13           Sec. 71.202.  CIVIL ACTION FOR DECLARATORY OR INJUNCTIVE
9-14     RELIEF.  The child advocate may represent any child that is in the
9-15     custody of the commission, the department, or a juvenile justice
9-16     agency in a suit for declaratory or injunctive relief against the
9-17     commission, the department, or the agency.
9-18           SECTION 2.  Chapter 54, Family Code, is amended by adding
9-19     Section 54.0412 to read as follows:
9-20           Sec. 54.0412.  OFFICE OF ADVOCATE FOR CHILDREN IN CUSTODY
9-21     FUND.  (a)  If a disposition hearing is held under Section 54.04,
9-22     the juvenile court, after giving the child, parent, or other person
9-23     responsible for the child's support a reasonable opportunity to be
9-24     heard, shall order the child, parent, or other person, if
9-25     financially able to do so, to pay a $1 fee as costs of court in
9-26     addition to the fee under Section 54.0411.
9-27           (b)  Orders for the payment of fees under this section may be
 10-1    enforced in the same manner and in conjunction with the payment of
 10-2    fees under Section 54.0411.
 10-3          (c)  An officer collecting court costs under this section
 10-4    shall keep separate records of the funds collected as costs under
 10-5    this section and shall deposit the funds in the county treasury.
 10-6          (d)  Each officer collecting court costs under this section
 10-7    shall file the reports required under Article 103.005, Code of
 10-8    Criminal Procedure.  If no funds due as costs under this section
 10-9    have been collected in any quarter, the report required for each
10-10    quarter shall be filed in the regular manner, and the report must
10-11    state that no funds due under this section were collected.
10-12          (e)  The custodian of the county treasury may deposit the
10-13    funds collected under this section in interest-bearing accounts.
10-14    The custodian shall keep records of the amount of funds on deposit
10-15    collected under this section and not later than the last day of the
10-16    month following each calendar quarter shall send to the comptroller
10-17    the funds collected under this section during the preceding
10-18    quarter.  A county may retain 10 percent of the funds as a service
10-19    fee and may retain the interest accrued on the funds if the
10-20    custodian of a county treasury keeps records of the amount of funds
10-21    on deposit collected under this section and remits the funds to the
10-22    comptroller within the period prescribed under this subsection.
10-23          (f)  Funds collected are subject to audit by the comptroller
10-24    and funds expended are subject to audit by the state auditor.
10-25          (g)  The comptroller shall deposit the funds to the credit of
10-26    an account in the state treasury to be used only for the
10-27    establishment and operation of the office of advocate for children
 11-1    in custody attached to the University of Houston Center for Youth
 11-2    Policy Development.
 11-3          SECTION 3.  Section 58.106(a), Family Code, is amended to
 11-4    read as follows:
 11-5          (a)  Except as otherwise provided by this section,
 11-6    information contained in the juvenile justice information system is
 11-7    confidential information for the use of the department and may not
 11-8    be disseminated by the department except:
 11-9                (1)  with the permission of the juvenile offender, to
11-10    military personnel of this state or the United States;
11-11                (2)  to a person or entity to which the department may
11-12    grant access to adult criminal history records as provided by
11-13    Section 411.083, Government Code;
11-14                (3)  to a juvenile justice agency; [and]
11-15                (4)  to the Criminal Justice Policy Council, the Texas
11-16    Youth Commission, and the Texas Juvenile Probation Commission for
11-17    analytical purposes; and
11-18                (5)  to the office of advocate for children in custody.
11-19          SECTION 4.  Article 102.075, Code of Criminal Procedure, is
11-20    amended by adding Subsection (n) to read as follows:
11-21          (n)  In addition to the cost on conviction imposed by
11-22    Subsection (a), a person convicted of an offense described by
11-23    Subsection (a) shall pay $1 on conviction of the offense. The
11-24    comptroller shall deposit money received under this subsection to
11-25    the credit of an account in the state treasury to be used only for
11-26    the establishment and operation of the office of advocate for
11-27    children in custody attached to the University of Houston Center
 12-1    for Youth Policy Development.  Subsection (h) does not apply to
 12-2    money received under this subsection.
 12-3          SECTION 5.  This Act takes effect immediately if it receives
 12-4    a vote of two-thirds of all the members elected to each house, as
 12-5    provided by Section 39, Article III, Texas Constitution.  If this
 12-6    Act does not receive the vote necessary for immediate effect, this
 12-7    Act takes effect September 1, 2001.