88R1811 ADM-D
 
  By: Menéndez S.B. No. 441
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the diversion of certain foster youth from the juvenile
  justice system, including through emergency behavior intervention
  by certain persons providing foster care services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 53.01(b-1), Family Code, is amended to
  read as follows:
         (b-1)  The person who is conducting the preliminary
  investigation shall, as appropriate, refer the child's case to a
  community resource coordination group, a local-level interagency
  staffing group, or other community juvenile service provider for
  services under Section 53.011, if the person determines that:
               (1)  [the child is younger than 12 years of age;
               [(2)]  there is probable cause to believe the child
  engaged in delinquent conduct or conduct indicating a need for
  supervision;
               (2) [(3)]  the child's case does not require referral
  to the prosecuting attorney under Subsection (d) or (f);
               (3) [(4)]  the child is eligible for deferred
  prosecution under Section 53.03; and
               (4) [(5)]  the child:
                     (A)  is younger than 12 years of age, and the child 
  and the child's family are not currently receiving services under
  Section 53.011 and would benefit from receiving the services; or
                     (B)  resides in a general residential operation,
  as that term is defined by Section 42.002, Human Resources Code.
         SECTION 2.  Section 42.0426(b), Human Resources Code, is
  amended to read as follows:
         (b)  A residential child-care facility shall implement a
  behavior intervention program approved by the department for the
  benefit of a child served by the facility who needs assistance in
  managing the child's conduct. The program must include:
               (1)  behavior intervention instruction for staff
  members who work directly with children served by the facility,
  including crisis response training for emergency behavior
  intervention with a goal of limiting law enforcement involvement;
  and
               (2)  training for all employees regarding the risks
  associated with the use of prone restraints.
         SECTION 3.  Section 152.00145, Human Resources Code, is
  amended to read as follows:
         Sec. 152.00145.  DIVERSION AND DETENTION POLICY FOR CERTAIN
  JUVENILES. (a) In this section, "general residential operation"
  has the meaning assigned by Section 42.002.
         (b)  A juvenile board shall establish policies that
  prioritize:
               (1)  the diversion from referral to a prosecuting
  attorney under Chapter 53, Family Code, of children who are:
                     (A)  younger than 12 years of age [from referral
  to a prosecuting attorney under Chapter 53, Family Code]; or 
                     (B)  residing in a general residential operation,
  particularly children alleged to have engaged in conduct
  constituting a misdemeanor involving violence to a person; and
               (2)  the limitation of detention, to circumstances of
  last resort, of children who are:
                     (A)  younger than 12 years of age; or
                     (B)  residing in a general residential operation
  [to circumstances of last resort].
         (c)  To monitor the success of policies implemented under
  Subsection (b) for children who reside in general residential
  operations, a juvenile board shall track:
               (1)  the number of children referred to the board who
  reside in a general residential operation;
               (2)  the number of children described by Subdivision
  (1) who receive deferred prosecution or are referred to the
  juvenile probation department; and
               (3)  the general residential operation where a child
  described by Subdivision (1) resides.
         SECTION 4.  Section 53.01(b-1), Family Code, as amended by
  this Act, applies only to conduct that occurs on or after the
  effective date of this Act. Conduct that occurs before the
  effective date of this Act is governed by the law in effect on the
  date the conduct occurred, and the former law is continued in effect
  for that purpose. For the purposes of this section, conduct
  occurred before the effective date of this Act if any element of the
  conduct occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2023.