Texas 2025 - 89th Regular

Texas Senate Bill SB194 Compare Versions

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

Old	New	Differences
1	1	89R3066 CJD-D
2	2	By: Menéndez S.B. No. 194
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the diversion of certain foster youth from the juvenile
10	10	justice system, including through emergency behavior intervention
11	11	by certain persons providing foster care services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 53.01(b-1), Family Code, is amended to
14	14	read as follows:
15	15	(b-1) The person who is conducting the preliminary
16	16	investigation shall, as appropriate, refer the child's case to a
17	17	community resource coordination group, a local-level interagency
18	18	staffing group, or other community juvenile service provider for
19	19	services under Section 53.011, if the person determines that:
20	20	(1) [the child is younger than 12 years of age;
21	21	[(2)] there is probable cause to believe the child
22	22	engaged in delinquent conduct or conduct indicating a need for
23	23	supervision;
24	24	(2) [(3)] the child's case does not require referral
25	25	to the prosecuting attorney under Subsection (d) or (f);
26	26	(3) [(4)] the child is eligible for deferred
27	27	prosecution under Section 53.03; and
28	28	(4) [(5)] the child:
29	29	(A) is younger than 12 years of age, and the child
30	30	and the child's family are not currently receiving services under
31	31	Section 53.011 and would benefit from receiving the services; or
32	32	(B) resides in a general residential operation,
33	33	as that term is defined by Section 42.002, Human Resources Code.
34	34	SECTION 2. Section 42.0426(b), Human Resources Code, is
35	35	amended to read as follows:
36	36	(b) A residential child-care facility shall implement a
37	37	behavior intervention program approved by the department for the
38	38	benefit of a child served by the facility who needs assistance in
39	39	managing the child's conduct. The program must include:
40	40	(1) behavior intervention instruction for staff
41	41	members who work directly with children served by the facility,
42	42	including crisis response training for emergency behavior
43	43	intervention with a goal of limiting law enforcement involvement;
44	44	and
45	45	(2) training for all employees regarding the risks
46	46	associated with the use of prone restraints.
47	47	SECTION 3. Section 152.00145, Human Resources Code, is
48	48	amended to read as follows:
49	49	Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN
50	50	JUVENILES. (a) In this section, "general residential operation"
51	51	has the meaning assigned by Section 42.002.
52	52	(b) A juvenile board shall establish policies that
53	53	prioritize:
54	54	(1) the diversion from referral to a prosecuting
55	55	attorney under Chapter 53, Family Code, of children who are:
56	56	(A) younger than 12 years of age [from referral
57	57	to a prosecuting attorney under Chapter 53, Family Code]; or
58	58	(B) residing in a general residential operation,
59	59	particularly children alleged to have engaged in conduct
60	60	constituting a misdemeanor involving violence to a person; and
61	61	(2) the limitation of detention, to circumstances of
62	62	last resort, of children who are:
63	63	(A) younger than 12 years of age; or
64	64	(B) residing in a general residential operation
65	65	[to circumstances of last resort].
66	66	(c) To monitor the success of policies implemented under
67	67	Subsection (b) for children who reside in general residential
68	68	operations, a juvenile board shall track:
69	69	(1) the number of children referred to the board who
70	70	reside in a general residential operation;
71	71	(2) the number of children described by Subdivision
72	72	(1) who receive deferred prosecution or are referred to the
73	73	juvenile probation department; and
74	74	(3) the general residential operation where a child
75	75	described by Subdivision (1) resides.
76	76	SECTION 4. Section 53.01(b-1), Family Code, as amended by
77	77	this Act, applies only to conduct that occurs on or after the
78	78	effective date of this Act. Conduct that occurs before the
79	79	effective date of this Act is governed by the law in effect on the
80	80	date the conduct occurred, and the former law is continued in effect
81	81	for that purpose. For the purposes of this section, conduct
82	82	occurred before the effective date of this Act if any element of the
83	83	conduct occurred before that date.
84	84	SECTION 5. This Act takes effect September 1, 2025.