bill steering foster kids away from prosecution

The text as introduced · 644 words

By: Money
H.B. No. 5561

A BILL TO BE ENTITLED

AN ACT

relating to the diversion of certain foster youth from the juvenile

justice system, including through emergency behavior intervention

by certain persons providing foster care services.

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

SECTION 1. Section 53.01(b-1), Family Code, is amended to

read as follows:

(b-1) The person who is conducting the preliminary

investigation shall, as appropriate, refer the child's case to a

community resource coordination group, a local-level interagency

staffing group, or other community juvenile service provider for

services under Section 53.011, if the person determines that:

(1) [ the child is younger than 12 years of age;

[ (2) ] there is probable cause to believe the child

engaged in delinquent conduct or conduct indicating a need for

supervision;

(2) [ (3) ] the child's case does not require referral

to the prosecuting attorney under Subsection (d) or (f);

(3) [ (4) ] the child is eligible for deferred

prosecution under Section 53.03; and

(4) [ (5) ] the child :

(A) is younger than 12 years of age, and the child

and the child's family are not currently receiving services under

Section 53.011 and would benefit from receiving the services ; or

(B) resides in a general residential operation,

as that term is defined by Section 42.002, Human Resources Code .

SECTION 2. Section 42.0426(b), Human Resources Code, is

amended to read as follows:

(b) A residential child-care facility shall implement a

behavior intervention program approved by the department for the

benefit of a child served by the facility who needs assistance in

managing the child's conduct. The program must include:

(1) behavior intervention instruction for staff

members who work directly with children served by the facility ,

including crisis response training for emergency behavior

intervention with a goal of limiting law enforcement involvement ;

and

(2) training for all employees regarding the risks

associated with the use of prone restraints.

SECTION 3. Section 152.00145, Human Resources Code, is

amended to read as follows:

Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN

JUVENILES. (a) In this section, "general residential operation"

has the meaning assigned by Section 42.002.

(b) A juvenile board shall establish policies that

prioritize:

(1) the diversion from referral to a prosecuting

attorney under Chapter 53, Family Code, of children who are:

(A) younger than 12 years of age [ from referral

to a prosecuting attorney under Chapter 53, Family Code ]; or

(B) residing in a general residential operation,

particularly children alleged to have engaged in conduct

constituting a misdemeanor involving violence to a person; and

(2) the limitation of detention , to circumstances of

last resort, of children who are:

(A) younger than 12 years of age ; or

(B) residing in a general residential operation

[ to circumstances of last resort ].

(c) To monitor the success of policies implemented under

Subsection (b) for children who reside in general residential

operations, a juvenile board shall track:

(1) the number of children referred to the board who

reside in a general residential operation;

(2) the number of children described by Subdivision

(1) who receive deferred prosecution or are referred to the

juvenile probation department; and

(3) the general residential operation where a child

described by Subdivision (1) resides.

SECTION 4. Section 53.01(b-1), Family Code, as amended by

this Act, applies only to conduct that occurs on or after the

effective date of this Act. Conduct that occurs before the

effective date of this Act is governed by the law in effect on the

date the conduct occurred, and the former law is continued in effect

for that purpose. For the purposes of this section, conduct

occurred before the effective date of this Act if any element of the

conduct occurred before that date.

SECTION 5. This Act takes effect September 1, 2025.