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.