C4CLP

A project of the Center for Children, Law & Policy at the University of Houston Law Center

 

Texas Legislative Tracking

The following bills were introduced during the 81st Texas Legislature’s Regular Session and are currently being tracked by the Center for Children, Law & Policy.  

JUVENILE JUSTICE

HB 539:  Relating to a physical and mental examination of a child subject to the juvenile justice system

HB 539 amends Section 51.20 of the Family Code to allow for the physical and mental examination of a child subject to the juvenile justice system in order to determine whether the child suffers from chemical dependency.  This amendment also allows the court to refer a child found to be chemically dependent to a treatment facility or other agency for evaluation and services. 

HB 553: Relating to the establishment of the office of criminal and juvenile justice ombudsman 

This bill amends Subtitle G, Title 4 of the Government Code by adding Chapter 502 and creates the Office of Criminal and Juvenile Justice Ombudsman. The office would replace the Office of the Independent Ombudsman for the Texas Youth Commission, currently headed by Will Harrell, which has played a leading role in uncovering abuse and neglect in Texas youth facilities.

HB 558:  Relating to law enforcement and judicial procedures for, and the prosecution of, children who engage in conduct constituting public intoxication

Currently, a child can be prosecuted in justice and municipal courts for purchasing, possessing, or consuming an alcoholic beverage, or for operating a motor vehicle while having any detectable amount of alcohol in the child’s system, but a child cannot be prosecuted in those courts for appearing in a public place while intoxicated. Children taken into custody for public intoxication are referred to the juvenile court system, where local policies and procedures often preclude the filing of a petition. As a result, there are no consequences for the child who commits a public intoxication offense.

In recent years, justice and municipal courts have increasingly been given more authority over juveniles charged with crimes punishable by fine only, including the authority to employ juvenile case managers to assist the courts in supervising the orders in juvenile cases. As a result, the justice and municipal courts are able, as a part of their sentencing practices, to require assessment and attendance at alcohol and drug abuse programs and other rehabilitative programs. If a public intoxication offense is included in the jurisdiction of these courts, it would increase the likelihood that children committing these offenses would be subject to rehabilitative services.

 HB 558 authorizes a public intoxication offense committed by a child to be filed in a justice  or municipal court.

HB 608:  Relating to posttrial psychological counseling for jurors in a criminal trial or juvenile adjudication hearing involving graphic evidence or testimony

Under current law, a commissioners court of a county is authorized to approve programs in which not more than 10 hours of posttrial psychological counseling may be offered to jurors or alternate jurors in certain criminal cases involving graphic evidence or testimony. Such counseling is authorized to be provided to jurors or alternate jurors in only certain criminal trials and juvenile adjudication hearings involving graphic evidence or testimony.

Many jurors may experience physical or psychological distress after exposure to graphic evidence or testimony. Experts now recognize that post-traumatic stress and post-traumatic stress disorder (PTSD) can be experienced vicariously. Symptoms of post-traumatic stress and PTSD can be physical, behavioral, emotional, or mental. Some symptoms reported by jurors include sleeplessness, stomach distress, nervousness, tension, headaches, heart palpitations, sexual dysfunction, depression, disruptions in eating patterns, and substance abuse.  The possibility that citizens may experience emotional or physical harm as a consequence of fulfilling a civic duty is a great concern. The availability of counseling services would be beneficial to those who experience posttrial stress.

H.B. 608 authorizes a commissioners court to approve a program in which the crime victim liaison or victim assistance coordinator may offer not more than 10 hours of posttrial psychological counseling for a person who serves as a juror or an alternate juror in any criminal trial involving graphic evidence or testimony. The bill also authorizes a county juvenile board to approve a program in which the victim assistance coordinator in the board’s jurisdiction may offer not more than 10 hours of posttrial psychological counseling for a person who serves as a juror or an alternate juror in a juvenile adjudication hearing involving graphic evidence or testimony.

HB 609:  Relating to the composition of the jury in certain adjudication hearings in juvenile court

Under current law, the juvenile board in each county has the power to designate which courts hear juvenile matters.  In some counties, juvenile matters are heard by county courts, and in others, they are heard by state district courts; the rules of procedure pertaining to jury selection differ in each case. District courts that hear juvenile matters must defer to the Rules of Civil Procedure when selecting juries, which results in a burdensome jury selection process that requires a district court sitting as a juvenile court to select a twelve-member jury rather than a six-member jury in a case in which the child is accused of conduct that would be a misdemeanor if the child were in the adult system.  However, if a county court is sitting as the juvenile court, that court would seat a six-member jury regardless of whether the alleged conduct was in the nature of a misdemeanor or felony. Reducing the number of jurors in a district court acting as a juvenile court would reduce costs associated with a twelve-member jury selection and make the adjudication process more efficient.

H.B. 609 requires that a jury consist of six qualified jurors for an adjudication hearing in juvenile court if the hearing is on a petition that alleges conduct that violates a penal law of the grade of misdemeanor.

HB 824: Relating to the imposition of conditions on and access to case records regarding a child adjudicated of having engaged in conduct that constitutes the commission of a hate crime

According to the House Committee on Corrections, violence due to prejudice is too prevalent in Texas.  Current Texas laws define and provide penalties for hate crimes committed by adults, but not by juveniles.  HB 824 amends the Code of Criminal Procedure to allow for a finding of conduct constituting a hate crime in a juvenile court proceeding. The bill requires the court to review any previous findings of an individual previously adjudicated as a juvenile for engaging in delinquent conduct constituting an offense that resulted in an affirmative finding of the commission of a hate crime before the court grants community supervision.

HB 1349:  Relating to the supervision of juvenile case managers

Although the use of juvenile case managers has grown since their authorization in 2001 and the creation of the juvenile case manager fund in 2005, the legislative intent behind the creation of these case managers has largely been unrealized.

 Juvenile case managers are intended to serve as problem solvers by fostering the interaction between defendants and the judge, integrating social services into the disciplinary process, and cooperating with the juvenile, his or her parents, schools, and courts in order to best serve the interests of the juvenile and the community.  However, many juvenile case managers have been relegated to the role of a court clerk and collections agent.

Requiring juvenile case managers to report to the judiciary rather than the municipal court clerk will foster the desired interaction between the judge and juvenile case manager and realize the original intention of case managers performing a problem-solving role.  This bill will also ensure that the juvenile case manager’s role is not solely focused on administrative needs and that the juvenile case manager fund is not being used to pay for a court clerk.

HB 1349 requires the judge of a court that employs a juvenile case manager to supervise the juvenile case manager. 

HB 1351:  Relating to the administration of the Juvenile Justice Case Management System

Currently, the law allows for the existence of an automated statewide juvenile information and case management system. The state has authorized a statewide system, but funds have not been secured to implement it.

The purpose of this legislation is to authorize funding for the Juvenile Justice Case Management System (system) which will enable state and county agencies to compile a comprehensive juvenile justice information and case management system.  The bill will provide for the common data collection, reporting, and management needs of Texas juvenile probation departments as well as create flexibility to accommodate individualized requirements and will allow for collaboration and corroboration of information, allowing agencies to intervene sooner with a “big picture” view of a particular juvenile’s situation.  The bill will benefit juvenile offenders because it will allow a particular juvenile justice entity to have access to a juvenile’s history and needs and respond accordingly.  In addition, the system will be able to track assessment and success rates of offenders.

 The creation of a statewide system will maximize technology development and leverage resources of the state and counties through the development partnership and cost-sharing by juvenile justice entities.

HB 1351 requires the Texas Juvenile Probation Commission to participate in and assist counties in the creation and maintenance of a statewide system to meet certain requirements relating to children in the juvenile justice system, identifying at-risk and delinquent offenders, and cross-jurisdictional sharing of information.

HB 1558:  Relating to certain criminal penalties and civil consequences for defendants convicted of an offense of graffiti and for juveniles adjudicated as having engaged in conduct involving graffiti

HB 1558 amends Article 42.037(s) of the Code of Criminal Procedure to now require that a court order a defendant, adult or juvenile, convicted or adjudicated of an offense of graffiti to make restitution by either: (1) reimbursing the owner of the property for the cost of restoring the property or (2) with the consent of the owner of the property, personally restore the property by removing or painting over any markings made by the defendant.

HB 1630: Relating to the eligibility of certain individuals for child health plan coverage or medical assistance on placement, detention, or commitment in and release from certain facilities or other settings

Currently, when a youth is placed, detained, or committed to the Texas Youth Commission (TYC) or a juvenile detention facility, TYC or the facility is responsible for providing health care to the youth.  County, state, and federal dollars pay for this coverage, regardless of whether the individual is eligible for health care coverage through Medicaid or the children’s health insurance program (CHIP) before detention.  Juveniles with health coverage through CHIP or Medicaid who transition out of a facility or TYC often experience gaps in coverage and health care services. 

H.B. 1630 requires the suspension of Medicaid or CHIP for a youth who is placed, detained, or committed in the state’s juvenile justice system.  The bill requires automatic reinstatement of eligibility for a youth enrolled in Medicaid or CHIP upon release from such a facility.

HB 1633:  Relating to the prosecution and punishment of the offense of graffiti and to certain conditions imposed on defendants convicted of that offense or on juveniles adjudicated as having engaged in conduct in violation of that offense

House Bill 1633 requires graffiti offenders to complete a minimum number of community service hours and to provide restitution to the victim, updates the graffiti code to include all forms of paint and enhances penalties for three-time offenders to a state jail felony.  ”Graffiti crime is a serious problem for our community and our state,” said Rep. Walle. “My bill will force offenders to clean up their mess and give back to the community they defaced, deterring future offenses.”

HB 1688:  Relating to the rules governing a motion for new trial in juvenile cases

HB 1688 amends Section 51.17(a) of the Family Code and clarifies that Rule 21 of the Texas Rules of Appellate Procedure governs a motion for a new trial in a juvenile court.  The House Committee states that the bill aims to give practitioners more clarity regarding the timelines, form, and issues to be raised in a motion for new trial in a juvenile delinquency matter, and to make that process in a juvenile delinquency case more efficient for trial courts and juvenile respondents. The bill could result in more expedited resolutions to juvenile delinquency matters.

HB 1753:  Relating to the criminal penalties and civil consequences for defendants convicted of an offense of graffiti and for juveniles adjudicated as having engaged in conduct involving graffiti

HB 1753 amends the Section 54.046 of the Family Code by adding Subsection (d) and requires that a child previously adjudicated of having engaged in conduct involving graffiti for which the child was placed on probation to now order the child to perform at least 100 hours of community service for the new offense.   The Family Code is also amended so that if a child is adjudicated of having engaged in conduct involving graffiti,  the juvenile court  shall order the child, parent or other responsible party to pay the court a $100 juvenile delinquency prevention fee.

HB 1886:  Relating to enforcement of a juvenile curfew ordinance

Currently, only police officers have the authority to enforce city ordinances and often there are not enough personnel to do so. Giving sheriffs and constables the ability to enforce a curfew ordinance would lead to greater implementation of an ordinance designed to make communities safer.

HB 1886 allows a county sheriff or constable to enforce a juvenile curfew enacted by local municipalities within that county. 

HB 2114:  Relating to establishing a juvenile victim-offender mediation pilot program

HB 2114 establishes a juvenile offender-victim mediation program in Bexar County.  The goal of the program is to keep first time juvenile offenders out of the juvenile justice system entirely.  The program is voluntary and mediation would allow both the offender and the victim to come to a workable solution; so that, the juvenile offender would not be charged with a crime.  If the pilot program proves to be successful, then the program would be expanded state-wide.  

HB 2245:  Relating to the sealing of and restricted access to juvenile records of adjudications of delinquent conduct or conduct indicating a need for supervision

Current law designates two different categories of sealing records: mandatory and discretionary. For misdemeanor adjudications of delinquent conduct or conduct indicating a need for supervision, the sealing of records is mandatory for two years after the disposition is completed or two years from the date of the last action on the case if there was no disposition. There is no age limit to this requirement, and further sealing is mandatory if a juvenile is found not guilty following trial. The law grants the court discretionary authority to seal records relating to these offenses prior to the passing of the two years after the disposition is completed, but, for felony offenses, the court has no discretion to seal records prior to a juvenile’s reaching 21 years of age.

Another method of sealing records is that of restricted access, which is a form of sealing records that restricts access to records to criminal justice agencies for criminal purposes. Juveniles become eligible for this sealing at 21 years of age.

C.S.H.B. 2245 reduces from 21 to 19 the minimum age at which a person adjudicated as having engaged in delinquent conduct that violated a felony-grade penal law, in addition to other requirements, may be entitled by a court order to the sealing of records. The bill reduces from 21 to 17 the minimum age at which a person, in addition to other qualifications, may be eligible for automatic restriction of access to the records relating to the person’s juvenile case.

HB 2400:  Relating to treatment under the public school accountability system of an open-enrollment charter school that is operated by a juvenile board and that focuses on juvenile justice or corrections

HB 2400 amends the Education Code and applies only to an open-enrollment charter school that is operated by a juvenile board and that focuses on juvenile justice or corrections.  For accountability purposes under Chapter 39 of the Education Code, a student enrolled in the charter school is reported as if the student were enrolled at the student’s assigned campus in the student’s regularly assigned education program, including a special education program.  Appropriate steps will need to be taken to assure that the students make academic progress toward grade level while attending the charter school.  

HB 2492:  Relating to the creation, operation, and funding of the Texas YouthBuild Program

The high school drop out rate is too high, and recidivism among young offenders is rising. There is a lack of strong and successful rehabilitative programs in Texas, and the state is experiencing a growing demand for a well-trained green collar work force combined with a need for affordable energy efficient projects to be completed. This bill seeks to increase the creation and efficacy of programs that address all of these issues by establishing the Texas Sustainable Youth Program.

The program will promote economic self-sufficiency for youth by providing opportunities to acquire job skills while performing community service activities.  The program will also create opportunities for communities to restore abandoned properties and historic areas and enhance public places as well as create the availability of affordable, energy-efficient housing for individuals and families of low income. 

C.S.H.B. 2492 creates the Texas Sustainable Youth Program administered by the Texas Workforce Commission (TWC) to fund programs through grant awards that provide green job training, a high school education or GED, and access to counseling and support services for at-risk youth and juveniles. The bill requires TWC to award grants to eligible organizations that demonstrate successful experience in providing integrated green job training and education and counseling and support services for high school dropouts or at-risk youth.

HB 3127:  Relating to the provision of certain psychoactive and psychotropic medications to children in substitute care or in the juvenile justice system

HB 3127 amends the Family Code so that if a court or jury places a child on probation, the court may not require as a term of probation that the child take a psychoactive or psychotropic medication that is not listed as approved for use by a person of the child’s age in a list developed and enumerated in the Government Code.  

HB 3316:  Relating to venue for certain offenses committed at Texas Youth Commission facilities

Statutory authorization is needed to ensure prosecution of an offense committed against a juvenile in the Texas Youth Commission (TYC) by TYC personnel or by a person providing contractual services for TYC, even if prosecution of the offense is not pursued locally.

In most instances, local law enforcement authorities and district attorney offices prosecute such cases, but there has been documented reluctance to investigate or prosecute such cases by a local sheriff’s department, local police department, grand jury, district attorney, or court. In 2007, S.B. 103, 80th Legislature, Regular Session, established the Special Prosecution Unit (SPU) to augment TYC’s ability to investigate and prosecute offenses against juveniles in its care.  The SPU is an independent unit that cooperates with and supports prosecuting attorneys in prosecuting offenses and delinquent conduct in the county in which the offense occurred.

H.B. 3316 establishes concurrent venue for criminal offenses against juveniles committed by TYC personnel or contractual service providers in the county where any element of the offense occurred or Travis County.  The bill authorizes the district attorney, criminal district attorney, or county attorney representing the state to request prosecutorial assistance from the SPU.

HB 3466: Relating to the exchange of information among certain governmental entities concerning at-risk youth 

This bill amends Section 51.01 of the Family Code and allows for interagency information sharing to the fullest extent allowed by federal law in order to identify at-risk behaviors and prevent the commission of unlawful acts by children.  

HB 3663:  Relating to the places and conditions of detention for certain juvenile offenders

Among other amendments, HB 3663 also amends Section 54.02(h) of the Family Code to provide that if a juvenile court waives jurisdiction, then on transfer of the person for criminal proceedings the person shall be dealt with as an adult and in accordance with the Code of Criminal Procedure, except if that person is younger than 17 years of age, then that person must be detained only as provided by Section 51.12 of the Family Code.  

Section 51.12 of the Family Code states that a child may only be detained at a (1) juvenile processing office in compliance with Section 52.025; (2)  place of nonsecure custody in compliance with Article 45.058, Code of Criminal Procedure; (3)  certified juvenile detention facility that complies with the requirements of Subsection (f); (4)  secure detention facility as provided by Subsection (j); or (5)  county jail or other facility as provided by Subsection (l).

HB 3687: Relating to the continuation and functions of the Texas Youth Commission and the creation of the juvenile justice improvement plan committee 

This bill amends Section 61.020 of the Human Resources Code and allows for the continuation of the Texas Youth Commission through September 1, 2015.  In addition, Subtitle A, Title 3 of the Human Resources Code is amended by adding Chapter 65 and provides for the creation of a juvenile justice improvement plan committee.

HB 3688: Relating to the continuation and functions of the Texas Juvenile Probation Commission and the creation of the juvenile justice improvement plan committee 

This bill amends Section 141.012 of the Human Resources Code and allows for the continuation of the Texas Juvenile Probation Commission through September 1, 2015.  In addition, Subtitle A, Title 10 of the Human Resources Code is amended by adding Chapter 143 and provides for the creation of a juvenile justice improvement plan committee.

HB 3689:  Relating to the functions and continuation of the Texas Youth Commission and the Texas Juvenile Probation Commission and to the functions of the Office of Independent Ombudsman for the Texas Youth Commission

Originally established in 1949 as the Texas Youth Development Council, the Texas Youth Commission (TYC) is the State’s juvenile corrections agency, supervising youth committed to state confinement by county courts.  The Texas Juvenile Probation Commission (TJPC), established in 1981, ensures access to juvenile probation services statewide by supporting and overseeing the 166 juvenile probation departments that serve all 254 counties in Texas.  The Office of Independent Ombudsman (OIO), created as part of juvenile justice reforms in 2007, is responsible for investigating, evaluating, and securing the rights of children committed to TYC. 

Both TYC and TJPC are subject to the Sunset Act and will be abolished on September 1, 2009, unless continued by the Legislature.  The Office of Independent Ombudsman is subject to Sunset review this biennium but is not subject to abolishment.

The Sunset Commission found an ongoing need for the functions of these three agencies, but identified improvements needed to address the persistent lack of coordination between TYC and TJPC, ongoing problems within TYC, and other issues of state-level communication and oversight in the juvenile justice system.  This legislation contains provisions to address these needs, including continuing TYC and TJPC as independent agencies with separate governing boards, and creating the Juvenile Justice Policy Coordinating Council to make recommendations to TJPC and TYC regarding ways to improve the provision of services, operations of juvenile programs, and agency coordination.

HB 4145:  Relating to enhancement of the penalty for a felony conviction based on a juvenile delinquent conduct adjudication

HB 4145 amends the Family Code and prohibits the use of certain juvenile adjudications to enhance adult convictions.

HB 4161:  Relating to the creation of the office of inspector general and the appointment of inspectors general at the Health and Human Services Commission, Texas Youth Commission, Department of Public Safety of the State of Texas, Texas Education Agency, and Texas Department of Transportation; providing penalties

HB 4161 creates the Office of the Inspector General in order to review the above referenced state programs for fraud, waste, abuse and/or employee misconduct.  

HB 4357:  Relating to the authority of a justice or municipal court over certain juvenile offenders and their parents

Under current law, municipal and justice of the peace courts have jurisdiction over a child who is charged with a Class C misdemeanor offense and punished by a small fine.  These courts have no means to address the underlying problem of a child who repeatedly commits such an offense under the Penal Code or the Alcoholic Beverage Code.  Current law authorizes these courts to order a child who violates the mandatory school attendance law under the Education Code to attend a specific program designed to correct errant behavior and reduce the risk of the child dropping out of school, but they do not have similar authority to address a child’s repeat violations of the Penal Code and the Alcoholic Beverage Code. This authority would give courts the opportunity to deter a juvenile offender from engaging in a subsequent violation.

H.B. 4357 authorizes a municipal or justice court to order a juvenile defendant who engages in conduct that violates a penal law of Texas and who has previously been found to be in violation of the Penal Code or the Alcoholic Beverage Code to attend or complete certain programs including substance abuse programs, rehabilitation training, sensitivity training, tutoring, community service, and parenting skills.  The bill authorizes the courts to order a child and the child’s parents to attend a class for students at risk of dropping out of school.  The bill prohibits the court order requiring attendance in a program or service from exceeding 180 days or the length of the school year, whichever is longer. 

HB 4386:  Relating to the creation of DNA records for the DNA database system

Current law requires a person in the custody of the Texas Department of Criminal Justice or the Texas Youth Commission to provide a DNA sample, in addition to a person convicted of a sex crime. However, current law does not require an individual sentenced to probation or deferred adjudication to provide a DNA sample.

H.B. 4386 requires a defendant convicted of a felony or a juvenile adjudicated as having engaged in conduct constituting a felony who is placed on community supervision or probation, respectively, to provide a DNA sample.

HB 4451: Relating to provision of continuity of care services for youth with mental illness or mental retardation who are paroled or discharged from the Texas Youth Commission 

Under current law, a child with mental retardation or mental illness who is committed to the Texas Youth Commission (TYC) may be discharged if the child has completed the minimum length of stay and TYC determines the child is unable to progress in the TYC’s rehabilitation program because of the child’s mental illness or mental retardation. The Texas Correctional Office on Offenders with Medical or Mental Impairments is required to evaluate and provide continuity of care services to children with mental retardation or mental illness who are paroled from TYC. However, if a child’s disability is so severe that the child cannot complete TYC’s rehabilitation program, the child is discharged from TYC and ineligible to receive continuity of care services from the office because the child is not being released on parole. Consequently, these children are not able to receive the community-based mental retardation or mental illness services they need to make a successful transition from TYC to their home communities. 

Some children with mental illness who are paroled from TYC do not receive continuity of care services from the office when they are 17 or older because they do not meet the criteria for adult services, and they are no longer eligible to receive continuity of care services from their local mental health or mental retardation authority because they do not meet the priority population definition.  Thus, these youth are not able to continue to receive the mental health services they need in order to successfully complete their parole.

C.S.H.B. 4451 authorizes a child discharged from the Texas Youth Commission due to mental retardation or mental illness to qualify for and receive continuity of care services through the Texas Correctional Office on Offenders with Medical or Mental Impairments. The bill authorizes a child who is receiving services through the office as a TYC parolee to continue with treatment until the child reaches the parole completion date.

SB 11:  Relating to the prevention, investigation, prosecution, and punishment for certain gang-related and other criminal offenses and to the consequences and costs of engaging in certain activities of a criminal street gang or certain other criminal activity; providing penalties

In recent years, criminal street gangs have become an increasing problem in Texas.  Gang activity has grown in cities and rural areas, and cartel-style gangs based along the border with Mexico have moved into Texas.  Dealing with this dangerous problem should be a priority.  Currently, Chapter 71 (Organized Crime), Penal Code, establishes penalty increases for certain crimes committed in furtherance of gang activity.

This bill focuses on a number of issues related to the growth in gang activity in Texas including prevention of youth involvement in gangs, intervention programs to reduce gang involvement, the increase of penalties for certain offenses, and the creation of new offenses focused on deterring illegal gang activity, and the collection of information necessary to deal with the gang problem. 

SB 11 provides for criminal and civil penalties and enforcement options for individuals committing offenses related to gang activity; addresses post-conviction and post-adjudication provisions; addresses graffiti; addresses penal provisions relating to firearms; addresses matters relating to license suspension; creates a law enforcement integrity unit to investigate organized criminal activity; and creates gang-free zones and provides for electronic monitoring of certain criminal street gang members.

SB 53:  Relating to minimum standards for juvenile case managers

Many courts employ juvenile case managers and have established a juvenile case manager fund since the creation of such provisions in the Texas Code of Criminal Procedure.  However, a lack of standards and guidance means that juvenile case managers have varying roles within the court system and different degrees of success. 

This bill would establish minimum training and educational standards for juvenile case managers similar to the requirements for juvenile probation officers, to include case planning and management; juvenile law; courtroom proceedings and presentation; law enforcement proceedings; local programs and services including access procedures; code of ethics and disciplinary procedures; and abuse, exploitation, and neglect.  This training will create consistency across court systems and enable juvenile case managers to be more effective in their intended role as part court clerk, part probation officer, and part social worker.

SB 53 requires the Texas Juvenile Probation Commission to adopt reasonable rules for juvenile case managers that provide a code of ethics and for the enforcement of that code, minimum education requirements, and minimum training standards. 

SB 54:  Relating to the supervision of certain juvenile case managers

Although the use of juvenile case managers has grown since their authorization in 2001 and the creation of the juvenile case manager fund in 2005, the legislative intent behind the creation of these case managers has largely been unrealized.

Juvenile case managers are intended to serve as problem solvers by fostering the interaction between defendants and the judge, integrating social services into the disciplinary process, and cooperating with the juvenile, his or her parents, schools, and courts in order to best serve the interests of the juvenile and the community.  However, many juvenile case managers have been relegated to the role of a court clerk and collections agent.

Requiring juvenile case managers to report to the judiciary rather than the municipal court clerk will foster the desired interaction between the judge and juvenile case manager and realize the original intention of case managers performing a problem-solving role.  This bill will also ensure that the juvenile case manager’s role is not solely focused on administrative needs and that the juvenile case manager fund is not being used to pay for a court clerk.

SB 54 requires the judge of a court that employs a juvenile case manager to supervise the juvenile case manager. This bill provides that this does not apply to a county court for which the county judge has appointed one or more full-time magistrates under Section 54.1172 (Appointment), Government Code. 

SB 55:  Relating to judicial instruction for judges who hear complaints against children alleging violations of certain misdemeanor offenses

Juvenile court judges already are required by statute to have an understanding of the problems of child welfare.  Municipal and justice courts handle Class C misdemeanor charges filed against juveniles, but there are no education requirements for the judges who handle these juvenile cases.  The lack of education and training for municipal and justice courts is particularly relevant when juveniles with mental disabilities are charged in municipal or justice courts.   Youth who receive special education services are disproportionately represented in state and school disciplinary proceedings. 

The federal Individuals with Disabilities Education Act (IDEA) ensures certain rights to special education children who may be adversely affected by disciplinary proceedings in the juvenile justice system.  Yet, the municipal and justice court judges who handle Class C misdemeanor charges against juveniles do not receive any specific training on special education and the requirements of IDEA.

SB 55 amends current law relating to judicial instruction for judges who hear complaints against children alleging violations of certain misdemeanor offenses.

 SB 89:  Relating to the prosecution, punishment, and prevention of offenses involving trafficking of persons or certain forced or sex-based labor or services, law enforcement training relating to the trafficking of persons, and the creation of the trafficking of persons investigation and prosecution account in the general revenue fund

Currently there is a lack of a statewide, interstate, or federal taskforce to prevent and combat human trafficking.  There is also a lack of public awareness, as well as formal training or education within law enforcement, medical professionals, attorneys, and judges.  Law enforcement and non-government entities, which are on the frontline of combating human trafficking, lack adequate funding and resources. 

Many underage prostitutes do not receive proper care, attention and/or legal defense.  There is also no separation between human trafficking for sexual purposes and labor purposes, or between the trafficking of children and adults, which is inconsistent with federal statute.

SB 89 amends current law relating to the prosecution, punishment, and prevention of offenses involving trafficking of persons or certain forced or sex-based labor or services, law enforcement training relating to the trafficking of persons, and the creation of the trafficking of persons investigation and prosecution account in the general revenue fund.

SB 116: Relating to electronically recording certain interrogations

SB 116 bill amends Chapter 2 of the Code of Criminal Procedure by adding Article 2.31 and requires training and funding for electronically recording custodial interrogations of adults or juveniles suspected of having committed any grade of felony. Senator Ellis cites the need to prevent wrongful convictions involving false confessions as the purpose for this legislation.

SB 518:  Relating to providing access to certain information relating to the discretionary transfer of a child from a juvenile court to a criminal court

During the 80th Legislature, Regular Session, 2007, S.B. 103 unanimously passed, reforming the juvenile justice system in the state.  A significant measure included in S.B. 103 was the lowering of the age of persons who could be incarcerated in juvenile facilities.  While youths sentenced to the Texas Youth Commission (TYC) could previously be sentenced to TYC until age 21, S.B. 103 lowered the age to 19.  Because of the reduction in age, prosecutors may seek more adult certifications, particularly with 16-year-old or 17-year-old offenders.  It is important that the process through which juveniles are certified is as fair as possible. Currently, the defense attorney only gets one day to review the juvenile’s file before the transfer hearing.  SB 518 requires that the court allow a defense attorney of a child and the prosecuting attorney at least five days prior to the transfer hearing to review the juvenile’s file. 

SB 839:  Relating to the punishment for a capital felony committed by a juvenile whose case is transferred to criminal court

In 2005, the 79th Legislature passed S.B. 60, which changed the sentencing options available upon a capital felony conviction.  Juries could previously sentence an offender with either the death penalty or life with possibility of parole.  Often, neither of these options seemed appropriate given the offender’s mental culpability or the heinous nature of the crime committed.  The legislature replaced life with the possibility of parole with a mandatory life without parole sentence so capital offenders would never be released from prison.  This change has resulted in fewer death sentences and executions for adults in Texas since 2005.

However, because juveniles can sometimes be tried as adults based on their age and offense, they fell under the new sentencing structure.  In March 2005, the United States Supreme Court ruled in Roper v. Simmons that the death penalty could not be applied to juveniles because they are less mentally developed than adults and thus, less culpable for their actions.  This meant that in Texas, for capital crimes, juveniles could only be sentenced to 40 years served before parole consideration (life with possibility of parole).  But after S.B. 60 passed later that same year, the harshest sentence that could be applied to juveniles changed from 40 years served to the lifelong sentence of mandatory life without parole.

SB 839 amends Section 12.31 (Capital Felony), Penal Code, to provide that an individual adjudged guilty of a capitol felony in a case in which the state does not seek the death penalty is punishable by a life sentence, if the individual’s case was transferred to the court under Section 54.02 (Waiver of Jurisdiction and Discretionary Transfer to Criminal Court), Family Code.

SB 861: Relating to the exchange of information among certain governmental entities concerning at-risk youth

This bill amends Subchapter A, Chapter 58, of the Family Code by adding Section 58.0052 and would allow for agencies such as the Texas Youth Commission, the Texas Juvenile Probation Commission, the Department of Family and Protective Services and various other entities to exchange information about at-risk youth.  The aim of this bill is early identification of the needs of at-risk youth with mental illness so that those needs can be addressed quickly and accurately, hopefully diverting these youths from the juvenile system and child protective services.

SB 1286:  Relating to the continuity of care for juveniles with mental impairments in the juvenile justice system

This bill amends Chapter 614 of the Health and Safety Code by adding Section 614.018 and provides that the Texas Juvenile Probation Commission, the Texas Youth Commission, The Department of State Health Services, the Texas Education Agency and the Department of Family and Protective Services work together to develop and implement a continuity of care and service program for juveniles with mental impairments in the juvenile justice system.

SB 1362: Relating to a Texas Youth Commission comprehensive plan to improve student reading skills and behavior

Amid the recent management issues at the Texas Youth Commission (TYC), there have been a number of educational deficiencies identified.  The assessments used for intake and for measuring educational progress have been inappropriate for a juvenile population and there has been wide variation in the quality of educational programming from one TYC facility to another, negatively impacting the education of students.  Additionally, the disciplinary policies and security placements of students in TYC have often trumped the educational needs of the students.  Without effective education, the risk of recidivism is high.

SB 1362 requires TYC to adopt and administer reliable reading assessments to measure a student’s reading proficiency and to monitor progress in reading.  S.B. 1362 requires TYC to provide students who have reading deficiencies with an hour of daily reading instruction.  This bill also requires teachers at TYC to receive training in appropriate content-based reading instruction and requires TYC to adopt a system-wide classroom and individual positive behavior support system that is based on behavioral research.

SB 1374:  Relating to community-based programs for juveniles in certain counties

During the 80th Legislature, Regular Session, 2007, S.B. 103 put in motion an overhaul of the juvenile justice system with a particular focus on juvenile corrections facilities and the Texas Youth Commission (TYC).

The Sunset Advisory Commission recommended the creation of a community corrections pilot program that would target low-risk, juvenile felony offenders.  This recommendation is consistent with the objective that TYC commitments should be reduced and institutional confinement should be reserved for the more serious juvenile felony offenders.

SB 1374 relates to community-based programs for juveniles in certain counties.

SB 2106:  Relating to the sealing of juvenile records

Section 58.003, Family Code, is amended to allow a juvenile court, immediately without a hearing, to order the sealing of records for a juvenile adjudicated of a misdemeanor or felony if the juvenile successfully completed a drug court program or a special court ordered program.

SB 2224:  Relating to orders of nondisclosure for the records of children convicted of certain offenses punishable by fine only

SB 2224 amends Section 411.081 of the Government Code by adding Subsection (f-1) and provides that on conviction of a child for a misdemeanor offense punishable by fine only the convicting court shall immediately issue an order prohibiting criminal justice agencies from disclosing to the public any criminal history record information related to that offense. 

JUVENILES — IN GENERAL

HB 188:  Relating to the rights of children and the education of parents regarding their duties as parents

HB 188 amends Chapter 151 of the Family Code and adds Section 151.005 to create a Children’s Bill of Rights.  

SB 56:  Relating to the preparation of a child impact statement for a bill or joint resolution considered by the legislature

In 1973, the legislature directed the Legislative Budget Board (LBB) to establish a system of fiscal notes identifying the probable costs of any bill or resolution that would authorize or require the expenditure of state funds for any purpose other than those provided for in the General Appropriations Act.  Since 1977, the rules of both the house of representatives and the senate have required fiscal notes on bills that would have statewide impact on units of local government.  In 1987, the legislature began requiring that a criminal justice policy impact statement also be included in fiscal notes.  In 1990, the legislature added the requirement for equalized education funding impact statements, and in 1993, the legislature directed LBB to provide tax equity notes.

Currently, there is no requirement that a bill be accompanied by a statement that would explain the bill’s effect on children. Because bills are accompanied by a fiscal note and a bill analysis, attaching supplemental documentation to a bill for transparency and clarity is not unprecedented.

SB 56 improves transparency in the legislative process by requiring that all legislation considered in the Texas senate and house of representatives be analyzed with respect to the impact the measures would have on Texas children.  The bill requires the Legislative Budget Board (LBB) to prepare a child impact statement for each bill or joint resolution other than an appropriations bill. S.B. 56 also requires that certain entities in the executive or legislative branch of state government provide LBB with any assistance or information to help LBB prepare a child impact statement.  Finally, the bill requires that the child impact statement be attached to the bill or joint resolution before a committee hearing on the bill or joint resolution is authorized to be conducted.

SB 59:  Relating to training for employees and operators of certain child-care facilities

Currently, there are no restrictions as to who may provide training to child-care employees or directors.  Current law requires each employee of a private child-care center who has no previous training or employment experience to receive eight hours of initial training.  Annually, an employee must complete 15 hours of training and a director must complete 20 hours of training.  Because the safety and educational needs of children at such facilities depend on well-trained staff and directors, it is necessary to regulate who may provide training.

SB 59 requires that the training required for all employees and directors of child-care providers in Texas be provided by a person who meets certain requirements.

JUVENILES — CRIMES AGAINST

HB 124:  Relating to the punishment for the offense of employment harmful to children

Under 43.251(c) of the Penal Code, a person commits an offense if the person employs, authorizes, or induces a child to work:  (1)  in a sexually oriented commercial activity or (2)  in any place of business permitting, requesting, or requiring a child to work nude or topless. HB 124 amends the penal code to now read that this offense is a Class A misdemeanor unless it is shown at trial that the defendant has been previously convicted under this section, in which event the offense is a felony of the third degree. 

HB 514:  Relating to recovery of loss of consortium damages by a parent for injury as a result of certain crimes against the child.

HB 514 amends Title 4 of the Civil Practice and Remedies Code by adding Chapter 94 and provides that a person is liable to the parent of a child for loss of consortium damages if a Texas court has found the person liable to the child for injury resulting from kidnapping, aggravated kidnapping, continuous sexual abuse, assault, sexual assault, aggravated assault, aggravated sexual assault or injury to a child. 

HB 549:  Relating to an affirmative defense to prosecution for certain sex offenses

HB 549 amends the Penal Code to establish an affirmative defense to prosecution for an offense of indecency with a child and an offense of sexual assault of a child if the actor was the spouse of the child at the time of the offense. 

HB 597:  Relating to the admissibility in certain proceedings of certain hearsay statements made by a young child

HB 597 amends the Code of Criminal Procedure and provides that certain statements regarding sexual abuse made by a young child to an individual, 18 years or older, will not be deemed inadmissible because of the hearsay rule.  The statement would not be considered hearsay if: (1) on or before the 14th day before the proceedings begin, the party intending to offer the statement notifies the adverse party of its intention to use the statement, provides the adverse party with the name of the witness who intends to offer the statement, and provides the adverse party with a written summary of the statement; (2) the trial court finds that the statement is reliable; and (3) the child testifies or is available to testify at the proceeding in court.

HB 908:  Relating to an affirmative defense available to certain students who engage in sexual contact with another student at least 13 years of age

HB 908 amends the Penal Code to establish an affirmative defense to prosecution for an offense of indecency with a child and an offense of sexual assault of a child if the actor was of the opposite sex and not more than five years older if both the actor and victim were enrolled in public or private school (9th grade and above only) at the time of the offense.

HB 936:  Relating to the prevention of harassment in public schools

HB 936 amends Chapter 37 of the Education Code by adding Subchapter H which redefines “harassment” by adding electronic medium and directs each school district to adopt a policy prohibiting harassment.

HB 2067:  Relating to the sealing of and discovery procedures relating to evidence that constitutes child pornography in a criminal hearing or proceeding

Under current law, a defendant charged with possession or promotion of child pornography is able to retain copies of the evidence against him or her, including child pornography.

 H.B. 2067 prohibits a defendant from copying, photographing, duplicating, or otherwise reproducing evidence that constitutes child pornography during the course of a criminal hearing or proceeding. The bill requires the court to allow the defendant, the defendant’s counsel, and any expert witness for the defense to review and consider the evidence at a facility under the control of the state

HB 2397:  Relating to requiring computer technicians to report images of child pornography; providing a criminal penalty

HB 2397 amends Subtitle C, Title 5 of the Business & Commerce Code by adding Chapter 107 and requires that a computer technician report the discovery of child pornography while in the course and scope of his or her employment.  Failure to report constitutes a class B misdemeanor.  The bill also provides for immunity from liability in a criminal or civil action brought against the technician for reporting the discovery of the image.  

“By requiring computer technicians to report the discovery of child pornography, we are giving law enforcement one more tool to help fight this heinous crime,” said Rep. Turner. “We need to do everything possible to protect our children from child predators and this is one more step in the right direction.”

HB 2584: Relating to the right of certain child crime victims to a speedy trial and to be considered with respect to a defendant’s motion for continuance

Repeated delays and continuances in the criminal justice process can cause many problems in a case involving a child victim. The delayed process can prevent a child victim from reaching emotional closure and healing as, each time the case is reset and delayed, the child must return to the court and face the alleged offender once again. Such delays not only affect the child emotionally, they may even lead to a recantation of the abuse. As it is difficult to prepare a child victim and the victim’s family for trial proceedings, the delays also cause unwillingness to participate as many families and children are ready to move on and achieve closure.

Such delays in prosecution can also limit the ability of a child victim to receive justice as the child’s memories of the traumatic event fade with the passage of time.  This is of particular importance in sexual abuse cases involving a child because often, the only evidence available is the child’s recollection of the event, and there is usually no physical evidence or collateral witnesses to the crime, making the memory and testimony of the child extremely important.  Bringing these cases to trial in a timely manner, while the event is still fresh in the child’s memory, is critical for a fair and just trial for both the prosecution and the defense.

H.B. 2584 adds the right to a speedy trial to the list of rights within the criminal justice system to which a child victim of sexual assault or assault is entitled, on request of the attorney representing the state. 

HB 2846:  Relating to the admissibility of certain hearsay statements made by a child abuse victim

Because children are often ineffective witnesses in criminal proceedings involving sexual abuse due to the pressure of testifying in front of strangers and the defendant, Texas law allows the testimony of the outcry witness, the first adult the child informed about the alleged acts, to be used as evidence in criminal proceedings. This law applies to an outcry witness of the victim only. The purpose of this law is to allow the testimony of an outcry witness of a child other than the victim who has been allegedly assaulted by the defendant to be used as evidence in criminal proceedings. This information would give the jury a better understanding of the defendant’s history and could result in a different verdict. This bill would also extend the applicability of this law from children younger than 12 to children younger than 14 years of age.

HB 2846 applies the provision relating to the admissibility of a hearsay statement of a child abuse victim to a proceeding in the prosecution of a sexual offense, assaultive offense, prohibited sexual conduct, sexual performance by a child, or criminal attempt of these offenses committed against a child younger than 14 years of age. The bill adds certain statements describing actions other than the alleged offense that were committed against the child victim or another child to be admissible as evidence.  

HB 2876:  Relating to the authority of an administrative law judge to order the release of certain information relating to a child abuse and neglect investigation

Administrative law judges preside over administrative hearings that are held when an administrative or disciplinary action is pursued against a professional who is licensed or certified by the state. When a case involves allegations of child abuse or neglect, the Department of Family and Protective Services (DFPS) is often involved from the first stages of an investigation and may begin interviewing witnesses immediately after an allegation has been made. As a result, DFPS records may contain evidence relevant to assessing the credibility of a witness when allegations have been made against licensed professionals, such as teachers and nurses.

The Family Code currently authorizes judges to order the release of DFPS records, such as video-recorded interviews, in a civil or criminal court case. However, the law does not grant this authority to administrative law judges, as administrative law judges are not considered judicial judges for these purposes. Without such authorization, administrative law judges have no way of ordering the disclosure of DFPS records unless the action is filed in civil court for the sole purpose of obtaining an order for the release of the records. This creates an unnecessary burden and expense for the parties involved.

H.B. 2876 authorizes an administrative law judge to order the release of DFPS records under the same conditions that normally apply to judicial judges. The bill makes review and determination requirements otherwise required for a court to disclose records applicable to the administrative law judge.    

HB 3148:  Relating to exempting certain persons from the duty to register as a sex offender in this state

The purpose of sex offender registration is to protect children from child molesters. Registration is not meant to place a person who is not a child molester under extended, sometimes lifetime, supervision. The monitoring and supervision of a person who is not a child molester wastes law enforcement resources and detracts law enforcement from closer scrutiny of the sex offenders for whom registration was intended—those who are dangerous to children. This bill permits judges to remove people who pose no risk to children from sex offender registration. When the continued registration of certain people as sex offenders compromises law enforcement’s central mission, the court should be allowed to exempt those people from the registration.

H.B. 3148 authorizes a defendant for certain age-based sexual offenses that was not more than four years older than the victim who was at least 13 years of age to petition the court for exemption from sex offender registration. This bill allows age-based offenders convicted prior to the effective date of this bill to petition for exemption from registration.  This bill complies with federal law set forth by the Adam Walsh Act.

HB 3751:  Relating to the conditions of bond for a defendant charged with committing certain offenses against a child and to the denial of bail pending trial with respect to certain defendants who violate those conditions

Laws involving no-contact orders are necessary in child abuse cases to prevent the revictimization of the child, allow the non-offending parent to make protective choices, protect the integrity of the investigation, and add a proactive mechanism to the arraignment process.  

HB 3751 addresses each of these important concerns by making no-contact orders a mandatory bond condition in child abuse cases.  Additionally, it ensures that judges have a full spectrum of options in place to address defendants who violate no-contact orders.

HB 3680:  Relating to creating the offense of contributing to the delinquency of a child

In the past, Texas law contained an offense of contributing to delinquency of a child. It was inadvertently stricken from statute in the late 1990s and never replaced.

Today, law enforcement officials face a difficult decision when addressing a case that fits the legal definition of a more serious offense, but the circumstances under which the offense took place make it obvious that the case is an exception to the intent of the law. One of the more common examples is a consensual sexual act committed between two teenagers, one of whom is legally an adult, the other of whom is just under the age of consent.

In these instances there is a need to allow a prosecutor to charge the actor with a crime without having to resort to a crime befitting a more predatory situation. It is also important to avoid removing any existing tools from prosecutors, so that they may use their discretion to determine whether the situation fits the definition of a more sinister offense.

HB 3680 creates the offense of contributing to the delinquency of a child, allowing prosecutors to match a number of crimes with a more appropriate offense.

HB 4136:  Relating to sealing court records containing medical information for children who are victims of certain offenses

Currently, medical records are generally protected under law by the Health Insurance Portability and Accountability Act (HIPAA).  However, when medical records are admitted into a court’s record, they become part of the open record of the court.  This makes the medical records accessible to anyone who would like to view the court’s files at any time.  Because the information in the medical records often includes a victim’s name, birth date, social security number, any type of medical condition, and even distinguishing marks, it is necessary to provide for the sealing of these records to protect the victims. 

H.B. 4136 requires a court, on its own motion or on a motion filed by an attorney representing the state, a defendant, a parent or guardian of a child victim, or a victim, to seal the medical records of a child who is a victim of certain violent or sexual offenses.

HB 4157:  Relating to court appointed volunteer advocates in certain suits affecting the parent-child relationship

HB 4157 amends the Family Code to allow court appointed volunteer advocates in suits affecting the parent-child relationship to collect reasonable fees and expenses from one or more parties to the suit.  HB 4157 also amends the Family Code and provides that in a suit filed by a government entity affecting the parent-child relationship, the court shall appoint a volunteer advocate for the child.

HB 4255:  Relating to the protection of children by ensuring reports of abuse or neglect, protecting children from abuse and neglect, and ensuring that births are reported; providing criminal penalties

HB 4255 filed by Rep. Harvey Hilderbran (Kerrville) would require courts to consider the actions of all adults in the household before determining whether the child or the alleged abuser should be the one removed from the home.  

According to an official press release, “In the Eldorado incident last year, in my view we should have removed the suspected perpetrator, not the victim,” Hilderbran said. “But we have to know for sure that the remaining parent would really be protecting the child. If they are going to let the alleged abuser back in the home, then keeping the child there isn’t a viable option.”  The bill (HB 4255) follows last year’s raid on a polygamist compound in Eldorado, where over 400 children were removed from the camp amid sexual abuse allegations. The Texas Supreme Court later determined that Child Protective Services did not make all reasonable efforts to keep the children in their homes by considering an option to remove the alleged perpetrator rather than the children. However, for many families in the Eldorado case, evidence showed that both parents were aware of the child abuse and took no reasonable steps to prevent it.  Hilderbran’s bill would modify the Family Code to state that the court may only issue an order to remove the alleged perpetrator from the home, rather than the child, if all available facts indicate that the remaining parent or guardian is likely to abide by the terms of the temporary restraining order.  According to the Texas Department of Family and Protective Services, there were numerous incidents where the parents remaining with the children were observed coaching them on what to say to DFPS staff. The continuous coaching raised concerns that the children were not providing department staff with truthful answers about the alleged abuse.  “The safety of the child should always be considered first, and we are working with the Attorney General’s office on language for the committee substitute that will ensure that,” Hilderbran said. “At the same time, we have to know that keeping the child with their parent isn’t doing them more harm than good.”  The bill also amends the code to state that a second failure to report child abuse or neglect is a Class A Misdemeanor. Currently, the charge is a Class B Misdemeanor. For medical professionals, a second strike would up the charge to a state jail felony.  “One of the men indicted in connection with the Eldorado law enforcement investigation was a medical doctor who had delivered numerous babies to underage children, but never reported suspected sexual abuse to the department,” Hilderbran explained.  HB 4255 would also make it a Class A Misdemeanor to inaccurately fill out or file a birth certificate for the purpose of hiding abuse. “If a doctor or midwife lies on a birth certificate to cover up the sexual abuse of a child, we are going to make sure they are punished at every turn,” Hilderbran said.

HB 4426:  Relating to authorizing a suit to declare that certain young people have been abused, neglected, or abandoned and extending the jurisdiction of certain courts making such a declaration

A child who is the victim of abuse, neglect, or abandonment is eligible for state and federal protections. A child, who is not a citizen and the victim of abuse, is subject to specific federal immigration procedures and protections by a special form of immigration relief called Special Immigrant Juvenile Status (SIJS).

Under federal law, a child is eligible for SIJS until the child becomes 21. The Department of Family and Protective Services currently pursues SIJS relief for children in its care whose permanency plans do not include family reunification.  The lack of consistency between “age out” dates in the state and federal statute complicates access to this relief for abused and abandoned children in Texas.

Currently, a child in conservatorship in Texas who may be eligible for SIJS faces obstacles in pursuing federal SIJS claims due to limitations on conservatorship in the Family Code, specifically the limitation on continued state conservatorship beyond a child’s 18th birthday.  SIJS statutes require that family reunification be eliminated as an option.  By the time a court finds that family reunification is no longer an option, a child may have aged out of conservatorship.  A child who has aged out of state conservatorship without attaining SIJS status is unable to obtain federal health care and transition funds for which the child would otherwise be eligible, resulting in a greater burden on local and state resources.

 HB 4426 authorizes a young adult who is not a citizen or permanent resident of the United States to file a suit in a court that has family law jurisdiction requesting the court to declare that the young adult has been abused, neglected, or abandoned and otherwise meets the requirements for special immigrant status as defined by federal law and extends the jurisdiction of certain courts over issues relating to such a declaration. 

SB 29:  Relating to bullying through electronic means in public schools

SB 29 amends 25.0342(a) of the Education Code by redefining the definition of “bullying.”  SB 29 adds “expression through electronic means” to the definition.  

SB 285:  Relating to the punishment for violating certain orders requiring the removal of the alleged perpetrator from the home of an abused child

SB 285 amends Section 262.1015(h) of the Family Code by providing that now, rather than a Class A misdemeanor, a person commits a felony of the third degree if, in violation of a court order under this section, the person returns to the residence of the child the person is alleged to have abused. 

SB 710:  Relating to the punishment for the offense of employment harmful to children

Under current law, it is a Class A misdemeanor to employ a child under the age of 18 in a sexually oriented business.  The current penalty is inadequate to address the harm such employment inflicts.  Employment in a sexually oriented business puts children in physical and emotional danger.  It is a second degree felony to possess and promote child pornography (Section 43.26, Penal Code).  Therefore, employing children in sexually oriented businesses should also be punished as a second degree felony.

SB 710 increases the penalty for employing a child in a sexually oriented business from a Class A misdemeanor to a second degree felony.

JUVENILES — IN FOSTER CARE

HB 187:  Relating to a subsidy under an adoption assistance agreement for certain adoptive parents of children in foster care

HB 187 amends Section 162.304 of the Family Code and provides that the department shall subsidize the adoption of a child in foster care by an adoptive parent whose family income is less than 300% of the federal poverty level if the department determines the child would otherwise have remained in foster care until his/her 18th birthday and the state would have made foster care payments for that care. 

HB 705:  Relating to providing certain documents and training to children in the conservatorship of the Department of Family and Protective Services

Children who are part of the foster care system face numerous challenges to independent living when they “age out” of care.  Without access to a birth certificate, social security card, photo identification, proof of health coverage, or immunization records, these challenges are magnified. Under current law, the Department of Family and Protective Services (DFPS) is required to provide a copy of a child’s birth certificate, immunization records, and medical records to a youth not later than the 30th day after the youth is discharged from care.  However, testimony from numerous advocates and former foster youth over the interim highlighted the fact that records are often not provided.

HB 705 requires DFPS to provide foster youth who “age out” of care with a personal identification certificate, a social security card, and proof of Medicaid coverage, if appropriate, and to provide the documents not later than the 30th day before the date of discharge.

HB 884:  Relating to the permanent placement of certain foster children

The number of children placed with the Department of Family and Protective Services (DFPS) as the permanent managing conservator, without a termination of parental rights, has been increasing.  For many of those children, permanent managing conservatorship without termination of parental rights becomes their default permanent plan, and the child grows up in foster care and ages out of the system at 18 years of age, an outcome that is neither optimal nor desired.

C.S.H.B. 884 requires continued efforts by DFPS to find a more permanent plan for children in the permanent managing conservatorship of DFPS without a termination of parental rights, including placement with a relative as the child’s permanent managing conservator, or, when appropriate, returning the child to a parent when the case is dismissed.

HB 1043:  Relating to the creation of business opportunities for certain former foster children

Each year, hundreds of children “age out” of the foster care system. They are far more likely than other young people to be unemployed and homeless. Because the state has decided, in almost every case, to sever the parental rights of parents of these children, once state support ends, they often have nowhere to go and no one to turn to. Texas has a unique moral obligation to assist this population.

HB 1043 entitles individuals who are in the foster care system on the day before they turn 18 to an employment preference at a state agency over other applicants for the same position who do not have a greater qualification.  In addition, HB 1043 adds individuals who are in the foster care system on the day before they turn 18 to the list of individuals who are economically disadvantaged for purposes of the enterprise zone program.

HB 1629:  Relating to the care and protection of foster children committed to or released under supervision by the Texas Youth Commission

In 2007, approximately 200 youths who were in the legal custody of the Department of Family and Protective Services (DFPS) due to allegations of child abuse or neglect had also been committed to Texas Youth Commission (TYC) facilities due to delinquent behavior.  Currently, the Family Code does not specifically provide for situations in which children are simultaneously managed by both DFPS and TYC. This leads to a lack of coordination between DFPS and TYC in terms of the continuation of services for foster children who have been committed to a facility. With little overlap in communication, services, or long-term plan coordination between DFPS and TYC, the needs of these youths may be left unmet by either system. 

HB 1629 sets forth requirements regarding the care of a child for which DFPS has been appointed managing conservator and who has been committed to a TYC facility to coordinate the medical, legal, and procedural care of the child.

HB 1912:  Relating to the Transitional Living Services Program and the Preparation for Adult Living Program for foster children transitioning to independent living

Research shows approximately 1,000 Texas youth aged out of the foster care system in 2008. These youth face many challenges when they exit the foster care system and transition into adulthood. Challenges for youth living on their own range from balancing a checkbook to obtaining employment and housing.  Research shows that youth who transition out of foster care have a disproportionately high risk for incarceration, homelessness, and other negative outcomes.

While current independent living and preparation for adult living services under the Department of Family and Protective Services (DFPS) attempt to address these challenges, improvements need to be considered.  Currently, independent living services are not necessarily tailored to meet the individualized needs of each youth.  In addition, overburdened case workers have not been able to consistently ensure that documents such as a driver’s licenses or state identification cards, birth certificates, and social security cards are provided to each youth before leaving care.  Without these documents, it can be almost impossible for youth to obtain the employment, housing, medical care, utilities, and other essentials needed to live independently.

HB 1912 lowers the required onset of transitional living services from age 16 to age 14, requires DFPS to ensure that an assessment is done to determine the needs of each youth before the onset of preparation for adult living services, establishes a workgroup to develop a plan to improve services using best practices, requires DFPS to create a centralized method to ensure youth receive the documents needed, and requires DFPS to develop a plan to ensure that the transitional living services address the needs of youth with disabilities.

HB 2225:  Relating to creating a committee to review the process for finding permanent placements for children in the conservatorship of the state

Texas currently has approximately 6,100 children in state custody who are waiting for a permanent home and a loving family.  Of these children, 2,400 await the end of the long and exhaustive adoption process and 3,700 are waiting to see if adoption is yet a possibility.  Approximately 56 percent of children who “age out” of the state’s care live in poverty within four years, and 40 percent never graduate from high school. Of the teenage girls who “age out” of the state’s care, 60 percent become mothers within two years. Texas urgently needs to find a way to expedite the process and move more children into permanent homes.

HB 2225 requires the Department of Family and Protective Services to work with an appointed adoption review committee to review the Texas foster care system, report on obstacles identified, and make recommendations on how to eliminate such obstacles to permanent placement.

HB 2860:  Relating to financial assistance programs in connection with certain children in the conservatorship of the Department of Family and Protective Services

Congress passed the Fostering Connections to Success Act in October 2008. It requires the state to notify all relatives of a child’s removal from the home and to provide those relatives with information on becoming a foster parent. This generates a cost to the state in terms of the additional outreach required and for every new foster parent. However, the federal bill provides the option of creating a subsidized guardianship program. Creating such a program for caring for children who would have otherwise remained in foster care will result in savings.

 HB 2860 creates the permanency care assistance program at the Texas Department of Family and Protective Services (DFPS). The bill provides for permanency care assistance agreements between DFPS and kinship providers who meet federal and state eligibility requirements and become the child’s permanent managing conservator. Those requirements include the child living with the prospective relative guardian for at least six months after the kinship provider becomes licensed to provide foster care. The executive commissioner of the Texas Health and Human Services Commission is authorized to set the maximum amount of permanency care assistance payments, not to exceed the amount the child would have received in a foster care home. The bill also authorizes adoption assistance to be extended to a youth’s 21st birthday if the youth’s adoption assistance agreement was entered into after the youth’s 16th birthday and the youth is pursuing certain educational goals or is unable to do so due to a disability. The bill authorizes extended payments for foster care under the same conditions. The bill establishes a deadline after which DFPS is prohibited from entering into a permanency care assistance agreement.

HB 3604:  Relating to the evaluation of potential foster parents and adoptive parents

HB 3604 amends the Human Resources Code and provides that the Department of Family and Protective Services may not place a child in a licensed or verified foster home, foster group home, agency foster home, or agency foster group home unless the department has performed a psychological evaluation of the operator of the home to determine the operator’s personality and emotional characteristics and strengths and weaknesses to: (1) determine whether the operator is psychologically fit and emotionally prepared to be a foster care provider or poses a danger or risk to children in foster care; and (2) appropriately match the foster care provider with a child for whom the foster care provider is best able to provide a safe, nurturing environment.

SB 69:  Relating to child protective services and foster care

SB 69 builds on S.B. 6, 79th Legislature, Regular Session, 2005, and S.B. 758, 80th Legislature, Regular Session, 2007, to strengthen the foster care system by providing better care for abused, neglected, and abandoned children.

SB 69 clarifies foster care processes at the Department of Family and Protective Services (DFPS), emphasizes community resources for foster youth aging out of the system, and allows foster parents to provide feedback.  SB 69 requires DFPS to study the feasibility of implementing a financial incentive program to encourage foster children to achieve and maintain the progress goals set under each child’s individualized treatment or service plan.  The bill also modifies provisions relating to changes in a child’s placement, including the frequency and process for such changes.

SB 1052:  Relating to a foster children’s bill of rights

SB 1052 amends Subchapter A, Chapter 263 of the Family Code by adding Section 263.007 to allow for the creation of the Foster Children’s Bill of Rights.  

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