Amend CSHB 3689 (house committee printing) by striking
SECTION 4.008 of the bill (page 35, line 26 through page 37, line
11) and substituting the following:
SECTION 4.008. Section 141.042, Human Resources Code, is
amended by amending Subsections (a), (e), and (h) and adding
Subsections (d), (f), (i), and (j) to read as follows:
(a) The commission shall adopt reasonable rules that
provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, record keeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation and detention
officers and for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation and
detention officers or court-supervised community-based program
personnel;
(4) subject to Subsection (d), minimum standards for
public and private juvenile pre-adjudication secure detention
facilities, public juvenile post-adjudication secure correctional
facilities that are operated under the authority of a juvenile
board or governmental unit, [and] private juvenile
post-adjudication secure correctional facilities operated under a
contract with a governmental unit, except those facilities exempt
from certification by Section 42.052(g), and nonsecure
correctional facilities operated by or under contract with a
governmental unit; and
(5) minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee.
(d) In adopting rules under Subsection (a)(4), the
commission shall ensure that the minimum standards for facilities
described by Subsection (a)(4) are designed to ensure that
juveniles confined in those facilities are provided the rights,
benefits, responsibilities, and privileges to which a juvenile is
entitled under the United States Constitution, federal law, and the
constitution and laws of this state. The minimum standards must
include a humane physical and psychological environment, safe
conditions of confinement, protection from harm, adequate
rehabilitation and education, adequate medical and mental health
treatment, and due process of law.
(e) Juvenile probation departments shall use the mental
health screening instrument selected by the commission for the
initial screening of children under the jurisdiction of probation
departments who have been formally referred to the department. The
commission shall give priority to training in the use of this
instrument in any preservice or in-service training that the
commission provides for probation officers. A clinical assessment
by a licensed mental health professional may be substituted for the
mental health screening instrument selected by the commission if
the clinical assessment is performed in the time prescribed by the
commission[. Juvenile probation departments shall report data from
the use of the screening instrument or the clinical assessment to
the commission in a format and in the time prescribed by the
commission].
(f) A juvenile probation department must, before the
disposition of a child's case and using a validated risk and needs
assessment instrument or process provided or approved by the
commission, complete a risk and needs assessment for each child
under the jurisdiction of the juvenile probation department.
(h) A juvenile board that does not accept state aid funding
from the commission under Section 141.081 shall report to the
commission each month on a form provided by the commission the same
data as that required of counties accepting state aid funding
regarding juvenile justice activities under the jurisdiction of the
juvenile board. If the commission makes available free software to
the juvenile board for the automation and tracking of juveniles
under the jurisdiction of the juvenile board, the commission may
require the monthly report to be provided in an electronic format
adopted by [rule by] the commission.
(i) A juvenile probation department shall report data from
the use of the screening instrument or clinical assessment under
Subsection (e) and the risk and needs assessment under Subsection
(f) to the commission in the format and at the time prescribed by
the commission.
(j) The commission shall adopt rules to ensure that youth in
the juvenile justice system are assessed using the screening
instrument or clinical assessment under Subsection (e) and the risk
and needs assessment under Subsection (f).