85R3094 MK-D     By: White H.B. No. 1204       A BILL TO BE ENTITLED   AN ACT   relating to an alternative to adjudication for certain children who   engage in conduct in need of supervision or delinquent conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 53.01, Family Code, is amended by adding   Subsection (b-1) to read as follows:          (b-1)  If it is determined that the person is a child younger   than 12 years of age and that there is probable cause, the person   who is conducting the preliminary investigation shall refer the   case to the appropriate community resource coordination group in   accordance with Section 53.011.           SECTION 2.  Chapter 53, Family Code, is amended by adding   Section 53.011 to read as follows:          Sec. 53.011.  PRELIMINARY PROCEEDINGS FOR CERTAIN CHILDREN.   (a)  In this section, "community resource coordination group" or   "group" means a coordination group established under a memorandum   of understanding adopted under Section 531.055, Government Code.           (b)  On receipt of a referral under Section 53.01(b-1), a   community resource coordination group shall collaborate with the   prosecuting attorney to determine whether it is appropriate for the   community resource coordination group to coordinate services for   the child and the child's family in lieu of adjudication. If the   provision of services in lieu of adjudication is not determined to   be appropriate, the prosecuting attorney shall proceed with the   review process in accordance with Section 53.012.          (c)  If the community resource coordination group and   prosecuting attorney determine that it is in the child's best   interest for the group to provide services to the child and the   child's family in lieu of adjudication, the prosecuting attorney   may not file a petition and the group shall:                (1)  conduct a full assessment of the child, the child's   needs, and the child's family;                (2)  based on the results of the assessment, determine   which services would meet the assessed needs of the child or the   child's family;                (3)  create a service plan or a system of care for the   child or the child's family that incorporates the necessary   services; and                (4)  refer the child or the child's family to a local   agency that has the ability to provide the services, if necessary.           (d)  Following the creation of a service plan or a system of   care for a child or a child's family under this section, the   community resource coordination group shall monitor the child and   the child's family for not less than three or more than six months,   as appropriate.  The group may adjust the service plan or system of   care as necessary during the monitoring period.           (e)  If a child who is being monitored by a community   resource coordination group under this section engages in   additional delinquent conduct or conduct in need of supervision,   the group shall coordinate with the prosecuting attorney to   determine if:                (1)  the community resource coordination group should   continue monitoring the child in lieu of adjudication; or                 (2)  the prosecuting attorney should proceed with the   review process in accordance with Section 53.012, and file a   petition requesting adjudication, if appropriate.          SECTION 3.  The changes in law made by this Act apply only to   a child who engages in conduct that occurs on or after the effective   date of this Act.  A child who engages in conduct that occurs before   the effective date of this Act is governed by the law in effect on   the date the conduct occurred, and the former law is continued in   effect for that purpose. For purposes of this section, conduct   occurs before the effective date of this Act if any element of the   conduct occurs before that date.          SECTION 4.  This Act takes effect September 1, 2017.