Tex.
Code of Crim. Proc. Article 45.056
Juvenile Case Managers
(a)
On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority, a county court, justice court, municipal court, school district, juvenile probation department, or other appropriate governmental entity may:(1)
employ a juvenile case manager or contract for a juvenile case manager to provide services in cases involving:(A)
youth diversion under Subchapter E;(B)
children who are before a court consistent with the court’s statutory powers; or(C)
children who are referred to a court by a school administrator or designee for misconduct that would otherwise be within the court’s statutory powers prior to a case being filed, with the consent of the juvenile and the juvenile’s parents or guardians;(2)
employ or contract for the services of one or more juvenile case managers who:(A)
shall assist the court in administering the court’s juvenile docket and in supervising the court’s orders in juvenile cases; and(B)
may provide:(i)
prevention services to a child considered at risk of entering the juvenile justice system; and(ii)
youth diversion services to juveniles engaged in misconduct before cases are filed, excluding traffic offenses; or(3)
agree in accordance with Chapter 791 (Interlocal Cooperation Contracts), Government Code, with any appropriate governmental entity to jointly employ a juvenile case manager, jointly contract for juvenile case manager services, or jointly contribute to the costs of a juvenile case manager or juvenile case manager services described by Subdivisions (1) and (2).(b)
A local entity may apply or more than one local entity may jointly apply to the criminal justice division of the governor’s office for reimbursement of all or part of the costs of employing one or more juvenile case managers or contracting for juvenile case manager services from funds appropriated to the governor’s office or otherwise available for purposes of youth diversion. To be eligible for reimbursement, the entity applying must present to the governor’s office a comprehensive plan to reduce juvenile crimes in the entity’s jurisdiction and a youth diversion plan under Article 45.306 (Youth Diversion Plan) that addresses the role of the juvenile case manager in that effort.(c)
An entity that jointly employs a juvenile case manager, jointly contracts for juvenile case manager services, or jointly contributes to the costs of a juvenile case manager or juvenile case manager services under Subsection (a)(3) employs a juvenile case manager for purposes of Chapter 102 (Costs, Fees, and Fines Paid by Defendants) of this code and Chapter 102, Government Code.(d)
The court or governing body may pay from the local youth diversion fund established under Section 134.156 (Local Youth Diversion Fund), Local Government Code:(1)
the salary and benefits of a juvenile case manager;(2)
the costs of contracting for juvenile case manager services; and(3)
the costs of training, travel, office supplies, and other necessary expenses relating to the position of the juvenile case manager and juvenile case manager services.(e)
A juvenile case manager shall give priority to cases brought under Section 25.093 (Parent Contributing to Nonattendance), Education Code, Chapter 65 (Truancy Court Proceedings), Family Code, and youth diversion under Subchapter E of this chapter.(f)
The governing body of the employing governmental entity under Subsection (a) shall adopt reasonable rules for juvenile case managers that provide:(1)
a code of ethics, and for the enforcement of the code of ethics;(2)
appropriate educational preservice and in-service training standards for juvenile case managers; and(3)
training in:(A)
the role of the juvenile case manager;(B)
case planning and management;(C)
applicable procedural and substantive law;(D)
courtroom proceedings and presentation;(E)
services to at-risk youth under Subchapter D, Chapter 264 (Child Welfare Services), Family Code;(F)
local programs and services for juveniles and methods by which juveniles may access those programs and services; and(G)
detecting and preventing abuse, exploitation, and neglect of juveniles.(g)
A court or governmental entity under this article shall implement the rules adopted under Subsection (f).(h)
The commissioners court or governing body of the municipality that administers a local youth diversion fund under Section 134.156 (Local Youth Diversion Fund), Local Government Code, shall require periodic review of juvenile case managers to ensure the implementation of the rules adopted under Subsection (f).(i)
The juvenile case manager shall timely report to the judge who signed the order or judgment and, on request, to the judge assigned to the case or the presiding judge any information or recommendations relevant to assisting the judge in making decisions that are in the best interest of the child.(j)
The judge who is assigned to the case shall consult with the juvenile case manager who is supervising the case regarding:(1)
the child’s home environment;(2)
the child’s developmental, psychological, and educational status;(3)
the child’s previous interaction with the justice system; and(4)
any sanctions available to the court that would be in the best interest of the child.(k)
Subsections (i) and (j) do not apply to:(1)
a part-time judge; or(2)
a county judge of a county court that has one or more appointed full-time magistrates under Section 54.1172 (Appointment), Government Code.(a)
In this article:(1)
“Child” has the meaning assigned by Article 45.058 (Children Taken into Custody)(h).(2)
“Residence” means any place where the child lives or resides for a period of at least 30 days.(3)
“Parent” includes a person standing in parental relation, a managing conservator, or a custodian.(b)
On a finding by a justice or municipal court that a child committed an offense that the court has jurisdiction of under Article 4.11 (Jurisdiction of Justice Courts) or 4.14 (Jurisdiction of Municipal Court), the court has jurisdiction to enter an order:(1)
referring the child or the child’s parent for services under Section 137.152 (Early Youth Intervention Services), Human Resources Code;(2)
requiring that the child attend a special program that the court determines to be in the best interest of the child and, if the program involves the expenditure of municipal or county funds, that is approved by the governing body of the municipality or county commissioners court, as applicable, including a rehabilitation, counseling, self-esteem and leadership, work and job skills training, job interviewing and work preparation, self-improvement, parenting, manners, violence avoidance, tutoring, sensitivity training, parental responsibility, community service, restitution, advocacy, or mentoring program; or(3)
requiring that the child’s parent do any act or refrain from doing any act that the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the welfare of the child, including:(A)
attend a parenting class or parental responsibility program; and(B)
attend the child’s school classes or functions.(c)
The justice or municipal court may order the parent, managing conservator, or guardian of a child required to attend a program under Subsection (b) to pay an amount not greater than $100 to pay for the costs of the program.(d)
A justice or municipal court may require a child, parent, managing conservator, or guardian required to attend a program, class, or function under this article to submit proof of attendance to the court.(e)
A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at the hearing with the child. The summons must include a warning that the failure of the parent to appear may result in arrest and is a Class C misdemeanor.(f)
An order under this article involving a child is enforceable under Article 45.050 (Failure to Pay Fine; Failure to Appear; Contempt: Juveniles).(g)
A person commits an offense if the person is a parent, managing conservator, or guardian who fails to attend a hearing under this article after receiving an order under Subsection (e). An offense under this subsection is a Class C misdemeanor.(h)
A child and parent required to appear before the court have an obligation to provide the court in writing with the current address and residence of the child. The obligation does not end when the child reaches age 17. On or before the seventh day after the date the child or parent changes residence, the child or parent shall notify the court of the current address in the manner directed by the court. A violation of this subsection may result in arrest and is a Class C misdemeanor. The obligation to provide notice terminates on discharge and satisfaction of the judgment or final disposition not requiring a finding of guilt.(i)
If an appellate court accepts an appeal for a trial de novo, the child and parent shall provide the notice under Subsection (h) to the appellate court.(j)
The child and parent are entitled to written notice of their obligation under Subsections (h) and (i), which may be satisfied by being given a copy of those subsections by:(1)
the court during their initial appearance before the court;(2)
a peace officer arresting and releasing a child under Article 45.058 (Children Taken into Custody)(a) on release; and(3)
a peace officer that issues a citation under Section 543.003 (Notice to Appear Required: Person Not Taken Before Magistrate), Transportation Code, or Article 14.06(b) of this code.(k)
It is an affirmative defense to prosecution under Subsection (h) that the child and parent were not informed of their obligation under this article.(l)
Any order under this article is enforceable by the justice or municipal court by contempt.
Source:
Article 45.056 — Juvenile Case Managers, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.056 (accessed Apr. 20, 2024).
