Texas 2021 - 87th Regular

Texas House Bill HB2821 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R6275 ADM-D
1	2		By: White H.B. No. 2821
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to the diversion of certain foster youth from the juvenile
7	8		justice system, including through emergency behavior intervention
8	9		by certain persons providing foster care services.
9	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	11		SECTION 1. Section 53.01(b-1), Family Code, is amended to
11	12		read as follows:
12	13		(b-1) The person who is conducting the preliminary
13	14		investigation shall, as appropriate, refer the child's case to a
14	15		community resource coordination group, a local-level interagency
15	16		staffing group, or other community juvenile service provider for
16	17		services under Section 53.011, if the person determines that:
17	18		(1) [the child is younger than 12 years of age;
18	19		[(2)] there is probable cause to believe the child
19	20		engaged in delinquent conduct or conduct indicating a need for
20	21		supervision;
21	22		(2) [(3)] the child's case does not require referral
22	23		to the prosecuting attorney under Subsection (d) or (f);
23	24		(3) [(4)] the child is eligible for deferred
24	25		prosecution under Section 53.03; and
25	26		(4) [(5)] the child:
26	27		(A) is younger than 12 years of age, and the child
27	28		and the child's family are not currently receiving services under
28	29		Section 53.011 and would benefit from receiving the services; or
29	30		(B) resides in a general residential operation,
30	31		as that term is defined by Section 42.002, Human Resources Code.
31		-	SECTION 2. Section 42.0426, Human Resources Code, is
32		-	amended by amending Subsection (b) and adding Subsection (b-1) to
33		-	read as follows:
	32	+	SECTION 2. Section 42.0426(b), Human Resources Code, is
	33	+	amended to read as follows:
34	34		(b) A residential child-care facility shall implement a
35	35		behavior intervention program approved by the department for the
36	36		benefit of a child served by the facility who needs assistance in
37	37		managing the child's conduct. The program must include:
38	38		(1) behavior intervention instruction for staff
39	39		members who work directly with children served by the facility,
40	40		including crisis response training for emergency behavior
41	41		intervention with a goal of limiting law enforcement involvement;
42	42		and
43	43		(2) training for all employees regarding the risks
44	44		associated with the use of prone restraints.
45		-	(b-1) The crisis response training required by Subsection
46		-	(b)(1) may be conducted jointly with local law enforcement to
47		-	maximize the effectiveness of the training.
48	45		SECTION 3. Section 152.00145, Human Resources Code, is
49	46		amended to read as follows:
50	47		Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN
51	48		JUVENILES. (a) In this section, "general residential operation"
52	49		has the meaning assigned by Section 42.002.
53	50		(b) A juvenile board shall establish policies that
54	51		prioritize:
55	52		(1) the diversion from referral to a prosecuting
56	53		attorney under Chapter 53, Family Code, of children who are:
57	54		(A) younger than 12 years of age [from referral
58	55		to a prosecuting attorney under Chapter 53, Family Code]; or
59	56		(B) residing in a general residential operation,
60	57		particularly children alleged to have engaged in conduct
61	58		constituting a misdemeanor involving violence to a person; and
62	59		(2) the limitation of detention, to circumstances of
63	60		last resort, of children who are:
64	61		(A) younger than 12 years of age; or
65	62		(B) residing in a general residential operation
66	63		[to circumstances of last resort].
67	64		(c) To monitor the success of policies implemented under
68	65		Subsection (b) for children who reside in general residential
69	66		operations, a juvenile board shall track:
70	67		(1) the number of children referred to the board who
71	68		reside in a general residential operation;
72	69		(2) the number of children described by Subdivision
73	70		(1) who receive deferred prosecution or are referred to the
74	71		juvenile probation department; and
75	72		(3) the general residential operation where a child
76	73		described by Subdivision (1) resides.
77	74		SECTION 4. Section 53.01(b-1), Family Code, as amended by
78	75		this Act, applies only to conduct that occurs on or after the
79	76		effective date of this Act. Conduct that occurs before the
80	77		effective date of this Act is governed by the law in effect on the
81	78		date the conduct occurred, and the former law is continued in effect
82	79		for that purpose. For the purposes of this section, conduct
83	80		occurred before the effective date of this Act if any element of the
84	81		conduct occurred before that date.
85		-	SECTION 5. The change in law made by this Act to Section
86		-	42.0426(b), Human Resources Code, is intended to permit a
87		-	residential child-care facility to supplement existing training
88		-	requirements in effect before the effective date of this Act and to
89		-	conduct the training outside of the existing training curricula.
90		-	Section 42.0426, Human Resources Code, as amended by this Act, may
91		-	not be construed as requiring the purchase of a new training program
92		-	or as requiring additional training hours.
93		-	SECTION 6. This Act takes effect September 1, 2021.
	82	+	SECTION 5. This Act takes effect September 1, 2021.