The bill, H.B. No. 5561, aims to divert certain foster youth from the juvenile justice system by enhancing the support and intervention services available to them. It amends the Family Code and Human Resources Code to establish clearer guidelines for referring children to community resources and implementing behavior intervention programs in residential child-care facilities. Notably, the bill removes the requirement that a child must be younger than 12 years of age to be referred for services, instead focusing on whether the child and their family would benefit from such services. It also introduces provisions for emergency behavior intervention training for staff in residential facilities to limit law enforcement involvement.

Additionally, the bill mandates juvenile boards to prioritize diversion from prosecution for children under 12 or those residing in general residential operations, particularly for minor offenses involving violence. It emphasizes that detention should be a last resort for these children. The bill includes provisions for monitoring the effectiveness of these policies, requiring juvenile boards to track referrals and outcomes for children in general residential operations. The changes are set to 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)
House Committee Report: Human Resources Code 42.002, Human Resources Code 152.00145 (Human Resources Code 152, Human Resources Code 42)