BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 173

                                                                                                                                      By: Raymond

                                                                                                         Juvenile Justice & Family Issues

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Current state law allows for judges to order the physical and mental examination of any juvenile in the juvenile justice system.  If the expert conducting the exam finds that a juvenile does have a mental illness or is mentally retarded, the statute provides that the probation department must refer the youth to the appropriate mental health agency.

 

This evaluation process is particularly critical in assessing a juvenile’s condition when he or she enters the system; these examinations alert Texas Youth Commission officials to any special needs a juvenile might have and allow those involved in the juvenile’s rehabilitation to treat the full extent of the juvenile’s physical or mental problems.

 

Current state law, however, only specifies that a judge may order the examination by an expert to determine if a juvenile is suffering from a mental illness or is mentally retarded.  Because of the unique concerns and challenges posed by a juvenile suffering from chemical dependency, screening for chemical dependencies is equally important. 

 

C.S.H.B.173 would allow, but not compel, a judge to order screening for chemical dependency in juveniles in the juvenile justices system.  If the juvenile was found to suffer from a chemical dependency, C.S.H.B.173 would require the probation department to refer the juvenile to the appropriate mental health agency.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Amends Sections 51.20(a), (b), (c), and (d) of the Family Code by providing that mental and physical examinations may be conducted at any stage of the juvenile justice proceeding, including when the juvenile is initially detained in a pre-adjudication secure detention facility, or a post adjudication secure correctional facility of the Texas Youth Commission.

 

Additionally, provides that juveniles may be tested for chemical dependency as defined by Section 464.001 of the Health and Safety Code, and if it is determined that the child suffers from chemical dependency, the probation department must refer the child to an appropriate and legally authorized agency or provider.

 

EFFECTIVE DATE

 

September 1, 2007.

 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

C.S.H.B.173 modifies the original H.B.173 by defining chemical dependency according to Section 464.001 of the Health and Safety Code and requiring the probation department to refer the child to the appropriated and legally authorized agency or provider.