Relating to the diversion of certain foster youth from the juvenile justice system, including through emergency behavior intervention by certain persons providing foster care services.
The bill modifies existing sections of the Family and Human Resources Codes, mandating that residential child-care facilities implement behavior intervention programs. Staff within these facilities would receive specialized training that includes crisis response techniques designed to minimize the need for law enforcement involvement. This law aims to establish a supportive environment for foster youth, focusing on guidance and behavioral management rather than detention.
SB2085, introduced by Senator Menéndez, aims to divert certain foster youth from the juvenile justice system. The bill emphasizes a proactive approach to handling youth behavior through emergency interventions instead of punitive measures. It specifically addresses children younger than 12, proposing that their cases should be handled outside traditional prosecutorial routes if they are found to engage in minor delinquent behaviors or if they reside in foster care settings requiring support.
The discussions surrounding SB2085 highlight concerns of balancing the need for effective intervention and proper guidelines to prevent potential misuse or overreach in behavioral interventions. Proponents advocate for the bill as a necessary reform to protect vulnerable foster youth from the negative impacts of the juvenile justice system. However, some critics caution that without stringent oversight, behavioral interventions, particularly emergency measures, could lead to potential abuse or inadequacies in addressing the needs of marginalized children.
The bill's implementation is expected to take effect on September 1, 2021. It requires that juvenile boards monitor the effectiveness of policies implemented under the new law, ensuring that children who reside in general residential operations are tracked appropriately when diverting from typical prosecutorial processes.