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BILL ANALYSIS

 

 

Senate Research Center                                                                                                          S.B. 53

81R2145 JSC-D                                                                                                             By: Zaffirini

                                                                                                                                      Jurisprudence

                                                                                                                                            3/30/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Many courts employ juvenile case managers and have established a juvenile case manager fund since the creation of such provisions in the Texas Code of Criminal Procedure.  However, a lack of standards and guidance means that juvenile case managers have varying roles within the court system and different degrees of success. 

 

This bill would establish minimum training and educational standards for juvenile case managers similar to the requirements for juvenile probation officers, to include case planning and management; juvenile law; courtroom proceedings and presentation; law enforcement proceedings; local programs and services including access procedures; code of ethics and disciplinary procedures; and abuse, exploitation, and neglect.  This training will create consistency across court systems and enable juvenile case managers to be more effective in their intended role as part court clerk, part probation officer, and part social worker.

 

As proposed,  S.B. 53 requires the Texas Juvenile Probation Commission to adopt reasonable rules for juvenile case managers that provide a code of ethics and for the enforcement of that code, minimum education requirements, and minimum training standards. 

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Juvenile Probation Commission in SECTION 3 (Section 141.0422, Human Resources Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends the heading to Title 10, Human Resources Code, to read as follows:

 

TITLE 10.  JUVENILE BOARDS, JUVENILE PROBATION DEPARTMENTS,

FAMILY SERVICES OFFICES, AND OTHER JUVENILE JUSTICE SERVICES

 

SECTION 2.  Amends the heading to Subtitle A, Title 10, Human Resources Code, to read as follows:

 

SUBTITLE A.  JUVENILE PROBATION SERVICES AND OTHER JUVENILE

JUSTICE SERVICES

 

SECTION 3.  Amends Subchapter C, Chapter 141, Human Resources Code, by adding Section 141.0422, as follows:

 

Sec. 141.0422.  MINIMUM STANDARDS FOR JUVENILE CASE MANAGERS.  (a) Requires the Texas Juvenile Probation Commission (TJPC) to adopt reasonable rules for juvenile case managers (manager) employed under Article 45.056 (Authority to Employ Juvenile Case Managers; Reimbursement), Code of Criminal Procedure, that provide a code of ethics, and for the enforcement of that code, minimum education requirements, and minimum training standards,  including certain requirements in which each manager receives training.

 

(b)  Requires TJPC, to the extent possible, to adopt rules substantially similar to the rules applicable to juvenile probation officers that TJPC adopts under Section 141.042 (Rules Governing Juvenile Boards, Probation Departments, Probation Officers, Programs, and Facilities), Human Resources Code.

 

SECTION 4.  Requires TJPC to adopt the rules required by Section 141.0422, Human Resources Code, not later than December 1, 2009.

 

SECTION 5.  Effective date: upon passage or September 1, 2009.