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BILL ANALYSIS

 

 

Senate Research Center

S.B. 61

82R1607 AJZ-D

By: Zaffirini

 

Jurisprudence

 

2/28/2011

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The purpose of this legislation is to establish minimum training and educational standards for juvenile case managers similar to the requirements for juvenile probation officers.

 

Although the use of juvenile case managers has grown since their authorization in 2001, and the creation of the juvenile case manager fund in 2005, the legislative intent behind the creation of these case managers has largely been unrealized.

 

Juvenile case managers are intended to serve as problem solvers by fostering the interaction between defendants and the judge, integrating social services into the disciplinary process, and cooperating with the juvenile, his or her parents, schools, and courts in order to best serve the interests of the juvenile and the community.  However, many juvenile case managers have been relegated to the role of a court clerk and a collections agent.

 

Current Texas law does not establish any minimum standard of training or education for juvenile case managers.  The current requirements of juvenile probation officers is similar to what would be expected of case managers.  S.B. 61 seeks to establish minimum training and educational standards for juvenile case mangers similar to the requirements for juvenile probation officers, including 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 detecting and preventing 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. 61 amends current law relating to minimum standards for juvenile case managers.

 

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 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 requirements that each juvenile case manager receives training in certain areas as specified.

 

(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).

 

SECTION 4.  Requires TJPC, not later than December 1, 2011, to adopt the rules required by Section 141.0422, Human Resources Code, as added by this Act.

 

SECTION 5.  Effective date: upon passage or September 1, 2011.