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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing family drug courts in counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. FINDINGS. The House Committee on County Affairs |
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held several hearings across Texas in 2016 where the Committee |
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heard testimony from many CPS stakeholders around Texas. The |
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Committee found that substance abuse is a major factor in the |
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removal of many children from their homes by CPS. The Committee |
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found that substance abuse by a parent was a factor in nearly two |
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thirds of removals. To properly address the CPS crisis in Texas the |
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Legislature needs to address the root causes of child removals, |
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such as substance abuse. The Committee also found that family drug |
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courts such as the Parenting in Recovery/Family Drug Treatment |
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program in Travis County has contributed successfully in reducing |
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the number of children needing to be removed from their homes by |
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CPS. Family drug courts are able to do this by working with the |
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parents to help treat their substance abuse and improve their |
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parenting skills, all while the children remain in the home. |
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SECTION 2. Chapter 122, Government Code, is amended by |
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adding Section 122.005 and 122.0051 to read as follows: |
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Sec. 122.005. FAMILY DRUG COURT STUDY. (a) Not later than |
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September 1, 2018, the commissioners court of each county that has |
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not established a family drug court program shall study the effect |
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the creation of a family drug court would have in the county. The |
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sheriff and, as applicable, the county attorney, district attorney, |
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or criminal district attorney shall assist in conducting the study. |
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Input from the following persons located in the county as |
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applicable shall be requested: judges, CPS caseworkers and |
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supervisors, attorney ad litems, guardian ad litems, treatment |
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providers, child/family therapists, treatment providers, peer |
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recovery coach providers, domestic violence advocates, housing |
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partners, drug court coordinators, drug court services managers, |
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drug court case managers. The study must analyze the effectiveness |
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of: |
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(1) creating a court that specializes in cases in |
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which a parent or person standing in parental relation suffers from |
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drug addiction; and |
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(2) case management used by a family drug court |
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program, including the involvement of Department of Family and |
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Protective Services caseworkers, court-appointed case managers, |
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and court-appointed special advocates, to rehabilitate a parent or |
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person standing in parental relation who has had a child removed |
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from the parent's or person's care by the department, or under |
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investigation to determine if a child should be removed from the |
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parent's or person's care by the department. |
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(b) This section expires January 1, 2019. |
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Sec. 122.0051. GRANT FUNDING FOR FAMILY DRUG COURTS. (a) |
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The county family drug court fund is a dedicated account in the |
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general revenue fund. |
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(b) The county family drug court fund consists of: |
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(1) appropriations of money to the fund by the |
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legislature; and |
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(2) gifts, grants, including grants from the federal |
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government, and other donations received for the fund. |
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(c) The Health and Human Service Commission may provide |
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counties who submit their study conducted under subsection 122.005 |
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for consideration with funds to set up and administer a family drug |
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court in their |
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SECTION 3. The Health and Human Services Commission shall |
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adopt rules regarding the criteria for awarding grants described |
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under subsection 122.0051 by January 1, 2018. |
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SECTION 4. This Act takes effect September 1, 2017. |