Texas 2021 - 87th Regular

Texas Senate Bill SB2085 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6275 ADM-D
2	2	By: Menéndez S.B. No. 2085
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the diversion of certain foster youth from the juvenile
8	8	justice system, including through emergency behavior intervention
9	9	by certain persons providing foster care services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 53.01(b-1), Family Code, is amended to
12	12	read as follows:
13	13	(b-1) The person who is conducting the preliminary
14	14	investigation shall, as appropriate, refer the child's case to a
15	15	community resource coordination group, a local-level interagency
16	16	staffing group, or other community juvenile service provider for
17	17	services under Section 53.011, if the person determines that:
18	18	(1) [the child is younger than 12 years of age;
19	19	[(2)] there is probable cause to believe the child
20	20	engaged in delinquent conduct or conduct indicating a need for
21	21	supervision;
22	22	(2) [(3)] the child's case does not require referral
23	23	to the prosecuting attorney under Subsection (d) or (f);
24	24	(3) [(4)] the child is eligible for deferred
25	25	prosecution under Section 53.03; and
26	26	(4) [(5)] the child:
27	27	(A) is younger than 12 years of age, and the child
28	28	and the child's family are not currently receiving services under
29	29	Section 53.011 and would benefit from receiving the services; or
30	30	(B) resides in a general residential operation,
31	31	as that term is defined by Section 42.002, Human Resources Code.
32	32	SECTION 2. Section 42.0426(b), Human Resources Code, is
33	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	45	SECTION 3. Section 152.00145, Human Resources Code, is
46	46	amended to read as follows:
47	47	Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN
48	48	JUVENILES. (a) In this section, "general residential operation"
49	49	has the meaning assigned by Section 42.002.
50	50	(b) A juvenile board shall establish policies that
51	51	prioritize:
52	52	(1) the diversion from referral to a prosecuting
53	53	attorney under Chapter 53, Family Code, of children who are:
54	54	(A) younger than 12 years of age [from referral
55	55	to a prosecuting attorney under Chapter 53, Family Code]; or
56	56	(B) residing in a general residential operation,
57	57	particularly children alleged to have engaged in conduct
58	58	constituting a misdemeanor involving violence to a person; and
59	59	(2) the limitation of detention, to circumstances of
60	60	last resort, of children who are:
61	61	(A) younger than 12 years of age; or
62	62	(B) residing in a general residential operation
63	63	[to circumstances of last resort].
64	64	(c) To monitor the success of policies implemented under
65	65	Subsection (b) for children who reside in general residential
66	66	operations, a juvenile board shall track:
67	67	(1) the number of children referred to the board who
68	68	reside in a general residential operation;
69	69	(2) the number of children described by Subdivision
70	70	(1) who receive deferred prosecution or are referred to the
71	71	juvenile probation department; and
72	72	(3) the general residential operation where a child
73	73	described by Subdivision (1) resides.
74	74	SECTION 4. Section 53.01(b-1), Family Code, as amended by
75	75	this Act, applies only to conduct that occurs on or after the
76	76	effective date of this Act. Conduct that occurs before the
77	77	effective date of this Act is governed by the law in effect on the
78	78	date the conduct occurred, and the former law is continued in effect
79	79	for that purpose. For the purposes of this section, conduct
80	80	occurred before the effective date of this Act if any element of the
81	81	conduct occurred before that date.
82	82	SECTION 5. This Act takes effect September 1, 2021.