88R2806 MCF-D     By: Zaffirini S.B. No. 362       A BILL TO BE ENTITLED   AN ACT   relating to the terminology used in statute to refer to   intellectual disability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.20(a), (b), (c), and (d), Family   Code, are amended to read as follows:          (a)  At any stage of the proceedings under this title,   including when a child is initially detained in a pre-adjudication   secure detention facility or a post-adjudication secure   correctional facility, the juvenile court may, at its discretion or   at the request of the child's parent or guardian, order a child who   is referred to the juvenile court or who is alleged by a petition or   found to have engaged in delinquent conduct or conduct indicating a   need for supervision to be examined by a disinterested expert,   including a physician, psychiatrist, or psychologist, qualified by   education and clinical training in mental health or intellectual   and developmental disabilities [mental retardation] and   experienced in forensic evaluation, to determine whether the child   has a mental illness as defined by Section 571.003, Health and   Safety Code, is a person with an intellectual disability [mental   retardation] as defined by Section 591.003, Health and Safety Code,   or suffers from chemical dependency as defined by Section 464.001,   Health and Safety Code.  If the examination is to include a   determination of the child's fitness to proceed, an expert may be   appointed to conduct the examination only if the expert is   qualified under Subchapter B, Chapter 46B, Code of Criminal   Procedure, to examine a defendant in a criminal case, and the   examination and the report resulting from an examination under this   subsection must comply with the requirements under Subchapter B,   Chapter 46B, Code of Criminal Procedure, for the examination and   resulting report of a defendant in a criminal case.          (b)  If, after conducting an examination of a child ordered   under Subsection (a) and reviewing any other relevant information,   there is reason to believe that the child has a mental illness or an   intellectual disability [mental retardation] or suffers from   chemical dependency, the probation department shall refer the child   to the local mental health authority or local intellectual and   developmental disability [mental retardation] authority or to   another appropriate and legally authorized agency or provider for   evaluation and services, unless the prosecuting attorney has filed   a petition under Section 53.04.          (c)  If, while a child is under deferred prosecution   supervision or court-ordered probation, a qualified professional   determines that the child has a mental illness or an intellectual   disability [mental retardation] or suffers from chemical   dependency and the child is not currently receiving treatment   services for the mental illness, intellectual disability [mental   retardation], or chemical dependency, the probation department   shall refer the child to the local mental health authority or local   intellectual and developmental disability [mental retardation]   authority or to another appropriate and legally authorized agency   or provider for evaluation and services.          (d)  A probation department shall report each referral of a   child to a local mental health authority or local intellectual and   developmental disability [mental retardation] authority or another   agency or provider made under Subsection (b) or (c) to the Texas   Juvenile Justice Department in a format specified by the   department.          SECTION 2.  Section 54.0408, Family Code, is amended to read   as follows:          Sec. 54.0408.  REFERRAL OF CHILD EXITING PROBATION TO MENTAL   HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY   [MENTAL RETARDATION] AUTHORITY. A juvenile probation officer shall   refer a child who has been determined to have a mental illness or an   intellectual disability [mental retardation] to an appropriate   local mental health authority or local intellectual and   developmental disability [mental retardation] authority at least   three months before the child is to complete the child's juvenile   probation term unless the child is currently receiving treatment   from the local mental health authority or local intellectual and   developmental disability [mental retardation] authority of the   county in which the child resides.          SECTION 3.  Section 58.0051(a)(2), Family Code, is amended   to read as follows:                (2)  "Juvenile service provider" means a governmental   entity that provides juvenile justice or prevention, medical,   educational, or other support services to a juvenile.  The term   includes:                      (A)  a state or local juvenile justice agency as   defined by Section 58.101;                      (B)  health and human services agencies, as   defined by Section 531.001, Government Code, and the Health and   Human Services Commission;                      (C)  the Department of Family and Protective   Services;                      (D)  the Department of Public Safety;                      (E)  the Texas Education Agency;                      (F)  an independent school district;                      (G)  a juvenile justice alternative education   program;                      (H)  a charter school;                      (I)  a local mental health authority or local   intellectual and developmental disability [mental retardation]   authority;                      (J)  a court with jurisdiction over juveniles;                      (K)  a district attorney's office;                      (L)  a county attorney's office; and                      (M)  a children's advocacy center established   under Section 264.402.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.