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A BILL TO BE ENTITLED
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AN ACT
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relating to children who engage in certain conduct indicating a |
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need for supervision and the provision of services to those |
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children and their families. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Family Code, is amended by adding |
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Section 54.0328 to read as follows: |
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Sec. 54.0328. FAMILIES IN NEED OF SERVICES; DEFERRAL OF |
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ADJUDICATION. (a) On motion by a child, by the child's parent, |
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guardian, or custodian, or by the Department of Family and |
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Protective Services, or on the court's own motion, the court may |
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make a determination whether the child's family is a family in need |
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of services. |
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(b) A court may designate the child's family as a family in |
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need of services if the court finds that: |
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(1) the juvenile engaged in conduct indicating a need |
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for supervision; |
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(2) conditions at the child's home, including any |
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actions or omissions by a parent, guardian, or custodian, |
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contributed to the conduct described by Subdivision (1); and |
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(3) the child or other family members may benefit if |
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the family is provided certain services. |
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(c) In making the determination under this section, the |
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court may consider: |
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(1) any previous adjudications or pending |
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adjudications of the child; |
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(2) the criminal history record information or |
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juvenile records of persons with whom the child resides, including |
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a parent, a sibling, another family member, a guardian, or a |
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custodian; and |
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(3) any other information the court determines |
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relevant. |
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(d) A court designating a family as a family in need of |
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services shall identify the services that the family requires and |
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create a family plan of service, which may include referrals to |
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specific state agencies or participation in educational or other |
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programs. |
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(e) The court may defer adjudication proceedings under |
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Section 54.03 for not more than 180 days if the court designates a |
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family as a family in need of services and creates a family plan of |
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service under this section. |
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(f) The court shall dismiss the case with prejudice if, not |
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later than the last day of the deferral period, the child presents |
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satisfactory evidence that: |
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(1) the persons covered by the family plan of service |
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have complied with the plan; or |
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(2) if the other persons covered by the family plan of |
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service did not comply with the plan, the child made the child's |
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best efforts to comply. |
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(g) This section does not limit or restrict the orders a |
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court is authorized to enter relating to parents or other persons |
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under this chapter, Chapter 61, or any other law. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct in which a juvenile is alleged to have engaged on or |
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after the effective date of this Act. Conduct in which a juvenile is |
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alleged to have engaged before the effective date of this Act is |
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governed by the law in effect on the date the juvenile is alleged to |
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have engaged in the conduct, and the former law is continued in |
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effect for that purpose. For purposes of this section, conduct is |
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engaged in before the effective date of this Act if any element of |
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the conduct occurs before the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |