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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to the Department of Family and Protective |
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Services that a foster child has been arrested. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.172 to read as follows: |
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Art. 15.172. DUTY OF OFFICER TO NOTIFY DEPARTMENT OF FAMILY |
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AND PROTECTIVE SERVICES. (a) In this article, "foster child" has |
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the meaning assigned by Section 101.0134, Family Code. |
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(b) As soon as practicable after a peace officer arrests a |
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person younger than 18 years of age, but not later than 48 hours |
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after the arrest, the peace officer or the person having custody of |
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the arrested person shall make a report of the arrest to the |
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Department of Family and Protective Services and, in collaboration |
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with that department, shall determine whether the arrested person |
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is a foster child. |
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SECTION 2. Subchapter A, Chapter 264, Family Code, is |
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amended by adding Section 264.019 to read as follows: |
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Sec. 264.019. SERVICES PROVIDED TO ARRESTED FOSTER CHILD. |
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(a) The department, in consultation with the Department of Public |
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Safety, shall develop procedures under which the department reviews |
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reports of arrested persons that are received under Article 15.172, |
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Code of Criminal Procedure, as soon as practicable to determine |
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whether the person arrested is a foster child. |
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(b) If the department determines under Subsection (a) that |
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an arrested person is a foster child, the department shall provide |
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services to ensure that the foster child's interests are |
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represented during the criminal justice process. |
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SECTION 3. The change in law made by this Act applies only |
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to a person arrested on or after the effective date of this Act. A |
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person arrested before the effective date of this Act is governed by |
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the law in effect on the date the person was arrested, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |