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A BILL TO BE ENTITLED
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AN ACT
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relating to an alternative to adjudication for certain children who |
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engage in conduct in need of supervision or delinquent conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.01, Family Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) If it is determined that the person is a child younger |
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than 12 years of age and that there is probable cause, the person |
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who is conducting the preliminary investigation shall refer the |
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case to the appropriate community resource coordination group in |
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accordance with Section 53.011. |
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SECTION 2. Chapter 53, Family Code, is amended by adding |
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Section 53.011 to read as follows: |
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Sec. 53.011. PRELIMINARY PROCEEDINGS FOR CERTAIN CHILDREN. |
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(a) In this section, "community resource coordination group" or |
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"group" means a coordination group established under a memorandum |
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of understanding adopted under Section 531.055, Government Code. |
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(b) On receipt of a referral under Section 53.01(b-1), a |
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community resource coordination group shall collaborate with the |
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prosecuting attorney to determine whether it is appropriate for the |
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community resource coordination group to coordinate services for |
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the child and the child's family in lieu of adjudication. If the |
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provision of services in lieu of adjudication is not determined to |
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be appropriate, the prosecuting attorney shall proceed with the |
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review process in accordance with Section 53.012. |
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(c) If the community resource coordination group and |
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prosecuting attorney determine that it is in the child's best |
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interest for the group to provide services to the child and the |
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child's family in lieu of adjudication, the prosecuting attorney |
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may not file a petition and the group shall: |
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(1) conduct a full assessment of the child, the child's |
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needs, and the child's family; |
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(2) based on the results of the assessment, determine |
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which services would meet the assessed needs of the child or the |
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child's family; |
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(3) create a service plan or a system of care for the |
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child or the child's family that incorporates the necessary |
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services; and |
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(4) refer the child or the child's family to a local |
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agency that has the ability to provide the services, if necessary. |
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(d) Following the creation of a service plan or a system of |
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care for a child or a child's family under this section, the |
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community resource coordination group shall monitor the child and |
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the child's family for not less than three or more than six months, |
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as appropriate. The group may adjust the service plan or system of |
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care as necessary during the monitoring period. |
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(e) If a child who is being monitored by a community |
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resource coordination group under this section engages in |
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additional delinquent conduct or conduct in need of supervision, |
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the group shall coordinate with the prosecuting attorney to |
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determine if: |
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(1) the community resource coordination group should |
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continue monitoring the child in lieu of adjudication; or |
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(2) the prosecuting attorney should proceed with the |
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review process in accordance with Section 53.012, and file a |
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petition requesting adjudication, if appropriate. |
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SECTION 3. The changes in law made by this Act apply only to |
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a child who engages in conduct that occurs on or after the effective |
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date of this Act. A child who engages in conduct that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the conduct occurred, and the former law is continued in |
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effect for that purpose. For purposes of this section, conduct |
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occurs before the effective date of this Act if any element of the |
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conduct occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |