Bill Text: TX HB2400 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to children who engage in certain conduct indicating a need for supervision and the provision of services to those children and their families.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-11 - Referred to Judiciary & Civil Jurisprudence [HB2400 Detail]
Download: Texas-2013-HB2400-Introduced.html
83R7714 JSC-F | ||
By: Turner of Harris | H.B. No. 2400 |
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relating to children who engage in certain conduct indicating a | ||
need for supervision and the provision of services to those | ||
children and their families. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 54, Family Code, is amended by adding | ||
Section 54.0328 to read as follows: | ||
Sec. 54.0328. FAMILIES IN NEED OF SERVICES; DEFERRAL OF | ||
ADJUDICATION. (a) On motion by a child, by the child's parent, | ||
guardian, or custodian, or by the Department of Family and | ||
Protective Services, or on the court's own motion, the court may | ||
make a determination whether the child's family is a family in need | ||
of services. | ||
(b) A court may designate the child's family as a family in | ||
need of services if the court finds that: | ||
(1) the juvenile engaged in conduct indicating a need | ||
for supervision; | ||
(2) conditions at the child's home, including any | ||
actions or omissions by a parent, guardian, or custodian, | ||
contributed to the conduct described by Subdivision (1); and | ||
(3) the child or other family members may benefit if | ||
the family is provided certain services. | ||
(c) In making the determination under this section, the | ||
court may consider: | ||
(1) any previous adjudications or pending | ||
adjudications of the child; | ||
(2) the criminal history record information or | ||
juvenile records of persons with whom the child resides, including | ||
a parent, a sibling, another family member, a guardian, or a | ||
custodian; and | ||
(3) any other information the court determines | ||
relevant. | ||
(d) A court designating a family as a family in need of | ||
services shall identify the services that the family requires and | ||
create a family plan of service, which may include referrals to | ||
specific state agencies or participation in educational or other | ||
programs. | ||
(e) The court may defer adjudication proceedings under | ||
Section 54.03 for not more than 180 days if the court designates a | ||
family as a family in need of services and creates a family plan of | ||
service under this section. | ||
(f) The court shall dismiss the case with prejudice if, not | ||
later than the last day of the deferral period, the child presents | ||
satisfactory evidence that: | ||
(1) the persons covered by the family plan of service | ||
have complied with the plan; or | ||
(2) if the other persons covered by the family plan of | ||
service did not comply with the plan, the child made the child's | ||
best efforts to comply. | ||
(g) This section does not limit or restrict the orders a | ||
court is authorized to enter relating to parents or other persons | ||
under this chapter, Chapter 61, or any other law. | ||
SECTION 2. The change in law made by this Act applies only | ||
to conduct in which a juvenile is alleged to have engaged on or | ||
after the effective date of this Act. Conduct in which a juvenile is | ||
alleged to have engaged before the effective date of this Act is | ||
governed by the law in effect on the date the juvenile is alleged to | ||
have engaged in the conduct, and the former law is continued in | ||
effect for that purpose. For purposes of this section, conduct is | ||
engaged in before the effective date of this Act if any element of | ||
the conduct occurs before the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2013. |