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A BILL TO BE ENTITLED
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AN ACT
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relating to the diversion of certain foster youth from the juvenile |
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justice system, including through emergency behavior intervention |
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by certain persons providing foster care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.01(b-1), Family Code, is amended to |
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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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(2) [(3)] the child's case does not require referral |
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to the prosecuting attorney under Subsection (d) or (f); |
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(3) [(4)] the child is eligible for deferred |
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prosecution under Section 53.03; and |
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(4) [(5)] the child: |
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(A) is younger than 12 years of age, and the child |
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and the child's family are not currently receiving services under |
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Section 53.011 and would benefit from receiving the services; or |
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(B) resides in a general residential operation, |
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as that term is defined by Section 42.002, Human Resources Code. |
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SECTION 2. Section 42.0426(b), Human Resources Code, is |
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amended to read as follows: |
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(b) A residential child-care facility shall implement a |
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behavior intervention program approved by the department for the |
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benefit of a child served by the facility who needs assistance in |
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managing the child's conduct. The program must include: |
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(1) behavior intervention instruction for staff |
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members who work directly with children served by the facility, |
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including crisis response training for emergency behavior |
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intervention with a goal of limiting law enforcement involvement; |
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and |
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(2) training for all employees regarding the risks |
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associated with the use of prone restraints. |
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SECTION 3. Section 152.00145, Human Resources Code, is |
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amended to read as follows: |
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Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN |
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JUVENILES. (a) In this section, "general residential operation" |
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has the meaning assigned by Section 42.002. |
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(b) A juvenile board shall establish policies that |
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prioritize: |
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(1) the diversion from referral to a prosecuting |
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attorney under Chapter 53, Family Code, of children who are: |
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(A) younger than 12 years of age [from referral |
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to a prosecuting attorney under Chapter 53, Family Code]; or |
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(B) residing in a general residential operation, |
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particularly children alleged to have engaged in conduct |
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constituting a misdemeanor involving violence to a person; and |
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(2) the limitation of detention, to circumstances of |
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last resort, of children who are: |
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(A) younger than 12 years of age; or |
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(B) residing in a general residential operation |
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[to circumstances of last resort]. |
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(c) To monitor the success of policies implemented under |
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Subsection (b) for children who reside in general residential |
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operations, a juvenile board shall track: |
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(1) the number of children referred to the board who |
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reside in a general residential operation; |
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(2) the number of children described by Subdivision |
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(1) who receive deferred prosecution or are referred to the |
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juvenile probation department; and |
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(3) the general residential operation where a child |
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described by Subdivision (1) resides. |
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SECTION 4. Section 53.01(b-1), Family Code, as amended by |
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this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. For the purposes of this section, conduct |
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occurred before the effective date of this Act if any element of the |
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conduct occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |