By: Coleman H.B. No. 4041
A BILL TO BE ENTITLED
AN ACT
relating to establishing family drug courts in counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. FINDINGS. The House Committee on County Affairs
held several hearings across Texas in 2016 where the Committee
heard testimony from many CPS stakeholders around Texas. The
Committee found that substance abuse is a major factor in the
removal of many children from their homes by CPS. The Committee
found that substance abuse by a parent was a factor in nearly two
thirds of removals. To properly address the CPS crisis in Texas the
Legislature needs to address the root causes of child removals,
such as substance abuse. The Committee also found that family drug
courts such as the Parenting in Recovery/Family Drug Treatment
program in Travis County has contributed successfully in reducing
the number of children needing to be removed from their homes by
CPS. Family drug courts are able to do this by working with the
parents to help treat their substance abuse and improve their
parenting skills, all while the children remain in the home.
SECTION 2. Chapter 122, Government Code, is amended by
adding Section 122.005 and 122.0051 to read as follows:
Sec. 122.005. FAMILY DRUG COURT STUDY. (a) Not later than
September 1, 2018, the commissioners court of each county that has
not established a family drug court program shall study the effect
the creation of a family drug court would have in the county. The
sheriff and, as applicable, the county attorney, district attorney,
or criminal district attorney shall assist in conducting the study.
Input from the following persons located in the county as
applicable shall be requested: judges, CPS caseworkers and
supervisors, attorney ad litems, guardian ad litems, treatment
providers, child/family therapists, treatment providers, peer
recovery coach providers, domestic violence advocates, housing
partners, drug court coordinators, drug court services managers,
drug court case managers. The study must analyze the effectiveness
of:
(1) creating a court that specializes in cases in
which a parent or person standing in parental relation suffers from
drug addiction; and
(2) case management used by a family drug court
program, including the involvement of Department of Family and
Protective Services caseworkers, court-appointed case managers,
and court-appointed special advocates, to rehabilitate a parent or
person standing in parental relation who has had a child removed
from the parent's or person's care by the department, or under
investigation to determine if a child should be removed from the
parent's or person's care by the department.
(b) This section expires January 1, 2019.
Sec. 122.0051. GRANT FUNDING FOR FAMILY DRUG COURTS. (a)
The county family drug court fund is a dedicated account in the
general revenue fund.
(b) The county family drug court fund consists of:
(1) appropriations of money to the fund by the
legislature; and
(2) gifts, grants, including grants from the federal
government, and other donations received for the fund.
(c) The Health and Human Service Commission may provide
counties who submit their study conducted under subsection 122.005
for consideration with funds to set up and administer a family drug
court in their
SECTION 3. The Health and Human Services Commission shall
adopt rules regarding the criteria for awarding grants described
under subsection 122.0051 by January 1, 2018.
SECTION 4. This Act takes effect September 1, 2017.