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A BILL TO BE ENTITLED
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AN ACT
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relating to the inspection and certification of juvenile detention |
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and correctional facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.12, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) The Texas Juvenile Probation Commission shall |
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biennially [In each county, each judge of the juvenile court and a
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majority of the members of the juvenile board shall personally] |
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inspect each [the] juvenile pre-adjudication secure detention |
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facility [facilities] and [any] public or private juvenile secure |
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correctional facility [facilities] used for post-adjudication |
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confinement except a facility operated or certified by the Texas |
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Youth Commission. The Texas Juvenile Probation Commission [that
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are located in the county and operated under authority of the
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juvenile board at least annually and] shall biennially certify [in
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writing to the authorities responsible for operating and giving
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financial support to the facilities and to the Texas Juvenile
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Probation Commission] that a facility is [they are] suitable or |
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unsuitable for the detention of children in accordance with: |
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(1) the requirements of Subsections (a), (f), and (g); |
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and |
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(2) minimum professional standards for the detention |
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of children in pre-adjudication or post-adjudication secure |
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confinement promulgated by the commission under Section |
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141.042(a)(4), Human Resources Code, [Texas Juvenile Probation
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Commission] or, at the election of the juvenile board of the county |
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in which the facility is located, the current standards promulgated |
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by the American Correctional Association. |
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(c-1) The Texas Juvenile Probation Commission shall provide |
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the juvenile board of a county in which a facility certified by the |
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commission under Subsection (c) is located with a copy of the |
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certification. The juvenile board shall provide the authorities |
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responsible for operating and giving financial support to the |
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facility with a copy of the certification provided by the Texas |
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Juvenile Probation Commission. |
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SECTION 2. Section 42.041(b), Human Resources Code, is |
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amended to read as follows: |
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(b) This section does not apply to: |
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(1) a state-operated facility; |
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(2) an agency foster home or agency foster group home; |
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(3) a facility that is operated in connection with a |
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shopping center, business, religious organization, or |
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establishment where children are cared for during short periods |
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while parents or persons responsible for the children are attending |
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religious services, shopping, or engaging in other activities on or |
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near the premises, including but not limited to retreats or classes |
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for religious instruction; |
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(4) a school or class for religious instruction that |
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does not last longer than two weeks and is conducted by a religious |
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organization during the summer months; |
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(5) a youth camp licensed by the Department of State |
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Health Services [Texas Department of Health]; |
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(6) a facility licensed, operated, certified, or |
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registered by another state agency; |
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(7) an educational facility accredited by the Texas |
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Education Agency or the Southern Association of Colleges and |
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Schools that operates primarily for educational purposes in grades |
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kindergarten and above, an after-school program operated directly |
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by an accredited educational facility, or an after-school program |
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operated by another entity under contract with the educational |
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facility, if the Texas Education Agency or Southern Association of |
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Colleges and Schools has approved the curriculum content of the |
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after-school program operated under the contract; |
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(8) an educational facility that operates solely for |
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educational purposes in grades kindergarten through at least grade |
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two, that does not provide custodial care for more than one hour |
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during the hours before or after the customary school day, and that |
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is a member of an organization that promulgates, publishes, and |
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requires compliance with health, safety, fire, and sanitation |
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standards equal to standards required by state, municipal, and |
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county codes; |
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(9) a kindergarten or preschool educational program |
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that is operated as part of a public school or a private school |
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accredited by the Texas Education Agency, that offers educational |
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programs through grade six, and that does not provide custodial |
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care during the hours before or after the customary school day; |
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(10) a family home, whether registered or listed; |
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(11) an educational facility that is integral to and |
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inseparable from its sponsoring religious organization or an |
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educational facility both of which do not provide custodial care |
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for more than two hours maximum per day, and that offers educational |
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programs for children age five and above in one or more of the |
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following: kindergarten through at least grade three, elementary, |
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or secondary grades; |
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(12) an emergency shelter facility providing shelter |
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to minor mothers who are the sole support of their natural children |
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under Section 32.201, Family Code, unless the facility would |
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otherwise require a license as a child-care facility under this |
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section; |
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(13) a juvenile detention facility certified under |
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Section 51.12, Family Code, [or Section 141.042(d),] a juvenile |
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facility providing services solely for the Texas Youth Commission, |
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or any other correctional facility for children operated or |
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regulated by another state agency or by a political subdivision of |
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the state; |
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(14) an elementary-age (ages 5-13) recreation program |
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operated by a municipality provided the governing body of the |
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municipality annually adopts standards of care by ordinance after a |
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public hearing for such programs, that such standards are provided |
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to the parents of each program participant, and that the ordinances |
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shall include, at a minimum, staffing ratios, minimum staff |
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qualifications, minimum facility, health, and safety standards, |
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and mechanisms for monitoring and enforcing the adopted local |
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standards; and further provided that parents be informed that the |
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program is not licensed by the state and the program may not be |
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advertised as a child-care facility; or |
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(15) an annual youth camp held in a municipality with a |
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population of more than 1.5 million that operates for not more than |
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three months and that has been operated for at least 10 years by a |
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nonprofit organization that provides care for the homeless. |
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SECTION 3. Section 42.052(h), Human Resources Code, is |
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amended to read as follows: |
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(h) The certification requirements of this section do not |
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apply to a juvenile detention facility certified under Section |
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51.12, Family Code[, or Section 141.042(d)]. |
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SECTION 4. Section 141.042(d), Human Resources Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2007. |