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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of services as an alternative to |
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adjudication for certain children who engage in conduct in need of |
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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) The person who is conducting the preliminary |
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investigation shall, as appropriate, refer the child's case to a |
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community resource coordination group, a local-level interagency |
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staffing group, or other community juvenile service provider for |
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services under Section 53.011, if the person determines that: |
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(1) the child is younger than 12 years of age; |
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(2) there is probable cause to believe the child |
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engaged in delinquent conduct or conduct indicating a need for |
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supervision; |
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(3) the child's case does not require referral to the |
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prosecuting attorney under Subsection (d) or (f); |
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(4) the child is eligible for deferred prosecution |
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under Section 53.03; and |
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(5) the child and the child's family are not currently |
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receiving services under Section 53.011 and would benefit from |
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receiving the services. |
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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. SERVICES PROVIDED TO CERTAIN CHILDREN AND |
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FAMILIES. (a) In this section: |
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(1) "Community resource coordination group" has the |
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meaning assigned by Section 531.421, Government Code. |
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(2) "Local-level interagency staffing group" means a |
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group established under the memorandum of understanding described |
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by 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, a local-level interagency |
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staffing group, or another community juvenile services provider |
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shall evaluate the child's case and make recommendations to the |
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juvenile probation department for appropriate services for the |
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child and the child's family. |
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(c) The probation officer shall create and coordinate a |
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service plan or system of care for the child or the child's family |
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that incorporates the service recommendations for the child or the |
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child's family provided to the juvenile probation department under |
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Subsection (b). The child and the child's parent, guardian, or |
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custodian must consent to the services with knowledge that consent |
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is voluntary. |
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(d) For a child who receives a service plan or system of care |
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under this section, the probation officer may hold the child's case |
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open for not more than three months to monitor adherence to the |
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service plan or system of care. The probation officer may adjust the |
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service plan or system of care as necessary during the monitoring |
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period. The probation officer may refer the child to the |
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prosecuting attorney if the child fails to successfully participate |
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in required services during that period. |
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SECTION 3. Subchapter A, Chapter 152, Human Resources Code, |
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is amended by adding Section 152.00145 to read as follows: |
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Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN |
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JUVENILES. A juvenile board shall establish policies that |
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prioritize: |
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(1) the diversion of children younger than 12 years of |
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age from referral to a prosecuting attorney under Chapter 53, |
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Family Code; and |
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(2) the limitation of detention of children younger |
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than 12 years of age to circumstances of last resort. |
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SECTION 4. 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 5. This Act takes effect September 1, 2017. |
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