Texas 2025 - 89th Regular

Texas House Bill HB5561 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Money H.B. No. 5561
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the diversion of certain foster youth from the juvenile
7	9		justice system, including through emergency behavior intervention
8	10		by certain persons providing foster care services.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 53.01(b-1), Family Code, is amended to
11	13		read as follows:
12	14		(b-1) The person who is conducting the preliminary
13	15		investigation shall, as appropriate, refer the child's case to a
14	16		community resource coordination group, a local-level interagency
15	17		staffing group, or other community juvenile service provider for
16	18		services under Section 53.011, if the person determines that:
17	19		(1) [the child is younger than 12 years of age;
18	20		[(2)] there is probable cause to believe the child
19	21		engaged in delinquent conduct or conduct indicating a need for
20	22		supervision;
21	23		(2) [(3)] the child's case does not require referral
22	24		to the prosecuting attorney under Subsection (d) or (f);
23	25		(3) [(4)] the child is eligible for deferred
24	26		prosecution under Section 53.03; and
25	27		(4) [(5)] the child:
26	28		(A) is younger than 12 years of age, and the child
27	29		and the child's family are not currently receiving services under
28	30		Section 53.011 and would benefit from receiving the services; or
29	31		(B) resides in a general residential operation,
30	32		as that term is defined by Section 42.002, Human Resources Code.
31	33		SECTION 2. Section 42.0426(b), Human Resources Code, is
32	34		amended to read as follows:
33	35		(b) A residential child-care facility shall implement a
34	36		behavior intervention program approved by the department for the
35	37		benefit of a child served by the facility who needs assistance in
36	38		managing the child's conduct. The program must include:
37	39		(1) behavior intervention instruction for staff
38	40		members who work directly with children served by the facility,
39	41		including crisis response training for emergency behavior
40	42		intervention with a goal of limiting law enforcement involvement;
41	43		and
42	44		(2) training for all employees regarding the risks
43	45		associated with the use of prone restraints.
44	46		SECTION 3. Section 152.00145, Human Resources Code, is
45	47		amended to read as follows:
46	48		Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN
47	49		JUVENILES. (a) In this section, "general residential operation"
48	50		has the meaning assigned by Section 42.002.
49	51		(b) A juvenile board shall establish policies that
50	52		prioritize:
51	53		(1) the diversion from referral to a prosecuting
52	54		attorney under Chapter 53, Family Code, of children who are:
53	55		(A) younger than 12 years of age [from referral
54	56		to a prosecuting attorney under Chapter 53, Family Code]; or
55	57		(B) residing in a general residential operation,
56	58		particularly children alleged to have engaged in conduct
57	59		constituting a misdemeanor involving violence to a person; and
58	60		(2) the limitation of detention, to circumstances of
59	61		last resort, of children who are:
60	62		(A) younger than 12 years of age; or
61	63		(B) residing in a general residential operation
62	64		[to circumstances of last resort].
63	65		(c) To monitor the success of policies implemented under
64	66		Subsection (b) for children who reside in general residential
65	67		operations, a juvenile board shall track:
66	68		(1) the number of children referred to the board who
67	69		reside in a general residential operation;
68	70		(2) the number of children described by Subdivision
69	71		(1) who receive deferred prosecution or are referred to the
70	72		juvenile probation department; and
71	73		(3) the general residential operation where a child
72	74		described by Subdivision (1) resides.
73	75		SECTION 4. Section 53.01(b-1), Family Code, as amended by
74	76		this Act, applies only to conduct that occurs on or after the
75	77		effective date of this Act. Conduct that occurs before the
76	78		effective date of this Act is governed by the law in effect on the
77	79		date the conduct occurred, and the former law is continued in effect
78	80		for that purpose. For the purposes of this section, conduct
79	81		occurred before the effective date of this Act if any element of the
80	82		conduct occurred before that date.
81	83		SECTION 5. This Act takes effect September 1, 2025.