TITLE: Relating to the preliminary investigation conducted when a child is referred to juvenile court.

SUMMARY: Relating to the preliminary investigation conducted when a child is referred to juvenile court.

FULL TEXT:
AN ACT relating to the preliminary investigation conducted when a child is referred to juvenile court. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 53.01(a) and (b-1), Family Code, are amended to read as follows: (a) On referral of a person believed to be a child or on referral of the person's case to the office or official designated by the juvenile board, the intake officer, probation officer, or other person authorized by the board shall forward the case to a juvenile court to conduct a preliminary investigation to determine whether: (1) the person referred to juvenile court is a child within the meaning of this title; and (2) there is probable cause to believe the person: (A) engaged in delinquent conduct or conduct indicating a need for supervision; or (B) is a nonoffender who has been taken into custody and is being held solely for deportation out of the United States. (b-1) The juvenile court that [person who] is conducting the preliminary investigation shall, as appropriate, refer the child's case to a community resource coordination group, a local-level interagency staffing group, or other community juvenile service provider for services under Section 53.011, if the court [person] determines that: (1) the child is younger than 12 years of age; (2) there is probable cause to believe the child engaged in delinquent conduct or conduct indicating a need for supervision; (3) the child's case does not require referral to the prosecuting attorney under Subsection (d) or (f); (4) the child is eligible for deferred prosecution under Section 53.03; and (5) the child and the child's family are not currently receiving services under Section 53.011 and would benefit from receiving the services. SECTION 2. Section 52.04(c), Family Code, is repealed. SECTION 3. This Act takes effect September 1, 2025.