Bill Text: TX HB1204 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the provision of services as an alternative to adjudication for certain children who engage in conduct in need of supervision or delinquent conduct and to a study on certain juvenile justice issues.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2017-06-12 - Effective on 9/1/17 [HB1204 Detail]

Download: Texas-2017-HB1204-Introduced.html

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85R3094 MK-D
By: White H.B. No. 1204

A BILL TO BE ENTITLED
AN ACT
relating to an alternative to adjudication for certain children who
engage in conduct in need of supervision or delinquent conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.01, Family Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) If it is determined that the person is a child younger
than 12 years of age and that there is probable cause, the person
who is conducting the preliminary investigation shall refer the
case to the appropriate community resource coordination group in
accordance with Section 53.011.
SECTION 2. Chapter 53, Family Code, is amended by adding
Section 53.011 to read as follows:
Sec. 53.011. PRELIMINARY PROCEEDINGS FOR CERTAIN CHILDREN.
(a) In this section, "community resource coordination group" or
"group" means a coordination group established under a memorandum
of understanding adopted under Section 531.055, Government Code.
(b) On receipt of a referral under Section 53.01(b-1), a
community resource coordination group shall collaborate with the
prosecuting attorney to determine whether it is appropriate for the
community resource coordination group to coordinate services for
the child and the child's family in lieu of adjudication. If the
provision of services in lieu of adjudication is not determined to
be appropriate, the prosecuting attorney shall proceed with the
review process in accordance with Section 53.012.
(c) If the community resource coordination group and
prosecuting attorney determine that it is in the child's best
interest for the group to provide services to the child and the
child's family in lieu of adjudication, the prosecuting attorney
may not file a petition and the group shall:
(1) conduct a full assessment of the child, the child's
needs, and the child's family;
(2) based on the results of the assessment, determine
which services would meet the assessed needs of the child or the
child's family;
(3) create a service plan or a system of care for the
child or the child's family that incorporates the necessary
services; and
(4) refer the child or the child's family to a local
agency that has the ability to provide the services, if necessary.
(d) Following the creation of a service plan or a system of
care for a child or a child's family under this section, the
community resource coordination group shall monitor the child and
the child's family for not less than three or more than six months,
as appropriate. The group may adjust the service plan or system of
care as necessary during the monitoring period.
(e) If a child who is being monitored by a community
resource coordination group under this section engages in
additional delinquent conduct or conduct in need of supervision,
the group shall coordinate with the prosecuting attorney to
determine if:
(1) the community resource coordination group should
continue monitoring the child in lieu of adjudication; or
(2) the prosecuting attorney should proceed with the
review process in accordance with Section 53.012, and file a
petition requesting adjudication, if appropriate.
SECTION 3. The changes in law made by this Act apply only to
a child who engages in conduct that occurs on or after the effective
date of this Act. A child who engages in 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 purposes of this section, conduct
occurs before the effective date of this Act if any element of the
conduct occurs before that date.
SECTION 4. This Act takes effect September 1, 2017.