House Bill No. 5561 aims to divert certain foster youth from the juvenile justice system by enhancing the support and intervention services available to them. The bill amends the Family Code and Human Resources Code to include provisions for emergency behavior intervention by foster care providers. Specifically, it modifies Section 53.01(b-1) of the Family Code to allow for referrals to community resources for children who are younger than 12 years of age or reside in a general residential operation, provided they do not require referral to a prosecuting attorney and are eligible for deferred prosecution. Additionally, it mandates that residential child-care facilities implement behavior intervention programs that include crisis response training to limit law enforcement involvement.

Furthermore, the bill establishes a diversion and detention policy for juveniles, particularly focusing on those under 12 years of age or residing in general residential operations. It requires juvenile boards to prioritize diversion from prosecution and limit detention to last-resort circumstances. The bill also introduces monitoring measures to track the effectiveness of these policies, ensuring that the needs of vulnerable youth are met while minimizing their interaction with the juvenile justice system. The provisions of this act will take effect on September 1, 2025, and will apply only to conduct occurring on or after that date.

Statutes affected:
Introduced: Human Resources Code 42.002, Human Resources Code 152.00145 (Human Resources Code 152, Human Resources Code 42)