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.