86R5954 ADM-D
By: White H.B. No. 1224
A BILL TO BE ENTITLED
AN ACT
relating to notice to the Department of Family and Protective
Services that a foster child has been arrested.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 15, Code of Criminal Procedure, is
amended by adding Article 15.172 to read as follows:
Art. 15.172. DUTY OF OFFICER TO NOTIFY DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES. (a) In this article, "foster child" has
the meaning assigned by Section 101.0134, Family Code.
(b) As soon as practicable after a peace officer arrests a
person younger than 18 years of age, but not later than 48 hours
after the arrest, the peace officer or the person having custody of
the arrested person shall make a report of the arrest to the
Department of Family and Protective Services and, in collaboration
with that department, shall determine whether the arrested person
is a foster child.
SECTION 2. Subchapter A, Chapter 264, Family Code, is
amended by adding Section 264.019 to read as follows:
Sec. 264.019. SERVICES PROVIDED TO ARRESTED FOSTER CHILD.
(a) The department, in consultation with the Department of Public
Safety, shall develop procedures under which the department reviews
reports of arrested persons that are received under Article 15.172,
Code of Criminal Procedure, as soon as practicable to determine
whether the person arrested is a foster child.
(b) If the department determines under Subsection (a) that
an arrested person is a foster child, the department shall provide
services to ensure that the foster child's interests are
represented during the criminal justice process.
SECTION 3. The change in law made by this Act applies only
to a person arrested on or after the effective date of this Act. A
person arrested before the effective date of this Act is governed by
the law in effect on the date the person was arrested, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.