88R2806 MCF-D
By: Zaffirini S.B. No. 362
A BILL TO BE ENTITLED
AN ACT
relating to the terminology used in statute to refer to
intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.20(a), (b), (c), and (d), Family
Code, are amended to read as follows:
(a) At any stage of the proceedings under this title,
including when a child is initially detained in a pre-adjudication
secure detention facility or a post-adjudication secure
correctional facility, the juvenile court may, at its discretion or
at the request of the child's parent or guardian, order a child who
is referred to the juvenile court or who is alleged by a petition or
found to have engaged in delinquent conduct or conduct indicating a
need for supervision to be examined by a disinterested expert,
including a physician, psychiatrist, or psychologist, qualified by
education and clinical training in mental health or intellectual
and developmental disabilities [mental retardation] and
experienced in forensic evaluation, to determine whether the child
has a mental illness as defined by Section 571.003, Health and
Safety Code, is a person with an intellectual disability [mental
retardation] as defined by Section 591.003, Health and Safety Code,
or suffers from chemical dependency as defined by Section 464.001,
Health and Safety Code. If the examination is to include a
determination of the child's fitness to proceed, an expert may be
appointed to conduct the examination only if the expert is
qualified under Subchapter B, Chapter 46B, Code of Criminal
Procedure, to examine a defendant in a criminal case, and the
examination and the report resulting from an examination under this
subsection must comply with the requirements under Subchapter B,
Chapter 46B, Code of Criminal Procedure, for the examination and
resulting report of a defendant in a criminal case.
(b) If, after conducting an examination of a child ordered
under Subsection (a) and reviewing any other relevant information,
there is reason to believe that the child has a mental illness or an
intellectual disability [mental retardation] or suffers from
chemical dependency, the probation department shall refer the child
to the local mental health authority or local intellectual and
developmental disability [mental retardation] authority or to
another appropriate and legally authorized agency or provider for
evaluation and services, unless the prosecuting attorney has filed
a petition under Section 53.04.
(c) If, while a child is under deferred prosecution
supervision or court-ordered probation, a qualified professional
determines that the child has a mental illness or an intellectual
disability [mental retardation] or suffers from chemical
dependency and the child is not currently receiving treatment
services for the mental illness, intellectual disability [mental
retardation], or chemical dependency, the probation department
shall refer the child to the local mental health authority or local
intellectual and developmental disability [mental retardation]
authority or to another appropriate and legally authorized agency
or provider for evaluation and services.
(d) A probation department shall report each referral of a
child to a local mental health authority or local intellectual and
developmental disability [mental retardation] authority or another
agency or provider made under Subsection (b) or (c) to the Texas
Juvenile Justice Department in a format specified by the
department.
SECTION 2. Section 54.0408, Family Code, is amended to read
as follows:
Sec. 54.0408. REFERRAL OF CHILD EXITING PROBATION TO MENTAL
HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY
[MENTAL RETARDATION] AUTHORITY. A juvenile probation officer shall
refer a child who has been determined to have a mental illness or an
intellectual disability [mental retardation] to an appropriate
local mental health authority or local intellectual and
developmental disability [mental retardation] authority at least
three months before the child is to complete the child's juvenile
probation term unless the child is currently receiving treatment
from the local mental health authority or local intellectual and
developmental disability [mental retardation] authority of the
county in which the child resides.
SECTION 3. Section 58.0051(a)(2), Family Code, is amended
to read as follows:
(2) "Juvenile service provider" means a governmental
entity that provides juvenile justice or prevention, medical,
educational, or other support services to a juvenile. The term
includes:
(A) a state or local juvenile justice agency as
defined by Section 58.101;
(B) health and human services agencies, as
defined by Section 531.001, Government Code, and the Health and
Human Services Commission;
(C) the Department of Family and Protective
Services;
(D) the Department of Public Safety;
(E) the Texas Education Agency;
(F) an independent school district;
(G) a juvenile justice alternative education
program;
(H) a charter school;
(I) a local mental health authority or local
intellectual and developmental disability [mental retardation]
authority;
(J) a court with jurisdiction over juveniles;
(K) a district attorney's office;
(L) a county attorney's office; and
(M) a children's advocacy center established
under Section 264.402.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.