Texas House Bill HB1224

Texas 2019 - 86th Regular

Caption

Relating to notice to the Department of Family and Protective Services that a foster child has been arrested.

Impact

The bill notably amends existing statutes within the Code of Criminal Procedure and the Family Code, thereby enhancing the legal framework surrounding the treatment of foster children who encounter law enforcement. With this law in place, officers are mandated to collaborate with DFPS to ascertain whether an arrested youth falls under the foster child designation. If such a determination is made, DFPS is required to implement specific support services that advocate for the foster child's rights and interests during their engagement with the criminal justice system.

Summary

House Bill 1224 introduces a legal obligation for peace officers in Texas to notify the Department of Family and Protective Services (DFPS) whenever a foster child is arrested. This notification must occur as soon as practicable after the arrest, but no later than 48 hours following the incident. The bill defines 'foster child' according to the Family Code and aims to ensure that foster children's unique needs and interests are considered during the criminal justice process. This initiative reflects a growing acknowledgment of the challenges foster children face when involved with the legal system.

Contention

Although there is widespread support for ensuring the welfare of vulnerable children within the foster system, there may be concerns surrounding the implementation of this bill. Key discussion points include the capacity of DFPS to respond effectively to notifications of arrests and the potential for increased administrative burdens on law enforcement agencies. Additionally, debates may arise regarding the balance between public safety and the protection of a foster child's rights, particularly in cases where rapid support from DFPS is essential.