Cook Bill Makes Advocate Access To Youth Lockups Optional

The text as introduced · 424 words

89R12659 CJD-F

By: Cook
H.B. No. 5409

A BILL TO BE ENTITLED

AN ACT

relating to the role of advocacy and support groups in the juvenile

justice system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 203.017(b-1), Human Resources Code, is

amended to read as follows:

(b-1) In addition to the requirements of Subsection (b), in

developing the regionalization plan, the department shall consult

with:

(1) the advisory council on juvenile services;

(2) juvenile probation departments;

(3) regional juvenile probation associations;

(4) [ advocacy groups;

[ (5) ] parents and guardians of children under the

jurisdiction of the department;

(5) [ (6) ] individuals formerly involved in the

juvenile justice system; and

(6) [ (7) ] any other stakeholder the department

determines may be helpful.

SECTION 2. Section 242.056, Human Resources Code, is

amended by amending Subsections (a) and (b) and adding Subsections

(d), (e), and (f) to read as follows:

(a) If the department finds that the involvement of an

advocacy or support group is in the best interest of a child, the

[ The ] department may [ shall ] allow an advocacy or [ and ] support

group [ groups ] whose primary function is [ functions are ] to benefit

children, inmates, girls and women, persons with mental illness, or

victims of sexual assault to provide on-site information, support,

and other services for the child [ children ] confined in a

department facility [ facilities ].

(b) The department shall adopt security and privacy

procedures for advocacy and support groups that provide on-site

information, support, and other services under this section. [ The

security and privacy procedures may not be designed to deny an

advocacy or support group access to children confined in department

facilities. ]

(d) Except as provided by Subsection (e), the department

shall deny admission to a department facility to an advocacy or

support group that has filed:

(1) a complaint with the federal government regarding

the department, while the investigation regarding the complaint is

pending; or

(2) a lawsuit against the department, while the

lawsuit is pending.

(e) The department shall allow an advocacy or support group

to provide information, support, or services under this section if

admission of an advocacy or support group to a department facility

is required by federal law.

(f) Nothing in this section may be construed to prevent an

attorney from meeting with a client or a potential client that has

inquired about the attorney's services.

SECTION 3. This Act takes effect September 1, 2025.