By: White, Wu, Bernal H.B. No. 1204
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         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)  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;
               (3)  the child's case does not require referral to the
  prosecuting attorney under Subsection (d) or (f);
               (4)  the child is eligible for deferred prosecution
  under Section 53.03; and
               (5)  the child and the child's family are not currently
  receiving services under Section 53.011 and would benefit from
  receiving the services.
         SECTION 2.  Chapter 53, Family Code, is amended by adding
  Section 53.011 to read as follows:
         Sec. 53.011.  SERVICES PROVIDED TO CERTAIN CHILDREN AND
  FAMILIES. (a) In this section:
               (1)  "Community resource coordination group" has the
  meaning assigned by Section 531.421, Government Code.
               (2)  "Local-level interagency staffing group" means a
  group established under the memorandum of understanding described
  by Section 531.055, Government Code.
         (b)  On receipt of a referral under Section 53.01(b-1), a
  community resource coordination group, a local-level interagency
  staffing group, or another community juvenile services provider
  shall evaluate the child's case and make recommendations to the
  juvenile probation department for appropriate services for the
  child and the child's family.
         (c)  The probation officer shall create and coordinate a
  service plan or system of care for the child or the child's family
  that incorporates the service recommendations for the child or the
  child's family provided to the juvenile probation department under
  Subsection (b). The child and the child's parent, guardian, or
  custodian must consent to the services with knowledge that consent
  is voluntary.
         (d)  For a child who receives a service plan or system of care
  under this section, the probation officer may hold the child's case
  open for not more than three months to monitor adherence to the
  service plan or system of care. The probation officer may adjust the
  service plan or system of care as necessary during the monitoring
  period. The probation officer may refer the child to the
  prosecuting attorney if the child fails to successfully participate
  in required services during that period.
         SECTION 3.  Subchapter A, Chapter 152, Human Resources Code,
  is amended by adding Section 152.00145 to read as follows:
         Sec. 152.00145.  DIVERSION AND DETENTION POLICY FOR CERTAIN
  JUVENILES. A juvenile board shall establish policies that
  prioritize:
               (1)  the diversion of children younger than 12 years of
  age from referral to a prosecuting attorney under Chapter 53,
  Family Code; and
               (2)  the limitation of detention of children younger
  than 12 years of age to circumstances of last resort.
         SECTION 4.  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 5.  This Act takes effect September 1, 2017.