Bill Text: TX HB2821 | 2021-2022 | 87th Legislature | Engrossed

---

Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2021-05-14 - Received from the House [HB2821 Detail]

Download: Texas-2021-HB2821-Engrossed.html

---

By: White H.B. No. 2821

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, Human Resources Code, is
amended by amending Subsection (b) and adding Subsection (b-1) 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.
(b-1) The crisis response training required by Subsection
(b)(1) may be conducted jointly with local law enforcement to
maximize the effectiveness of the training.
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. The change in law made by this Act to Section
42.0426(b), Human Resources Code, is intended to permit a
residential child-care facility to supplement existing training
requirements in effect before the effective date of this Act and to
conduct the training outside of the existing training curricula.
Section 42.0426, Human Resources Code, as amended by this Act, may
not be construed as requiring the purchase of a new training program
or as requiring additional training hours.
SECTION 6. This Act takes effect September 1, 2021.