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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority, a county court, justice court, municipal court, school district, juvenile probation department, or other appropriate governmental entity may:
(1) employ a juvenile case manager or contract for a juvenile case manager to provide services in cases involving:
(A) youth diversion under Subchapter E;
(B) children who are before a court consistent with the court's statutory powers; or
(C) children who are referred to a court by a school administrator or designee for misconduct that would otherwise be within the court's statutory powers prior to a case being filed, with the consent of the juvenile and the juvenile's parents or guardians;
(2) employ or contract for the services of one or more juvenile case managers who:
(A) shall assist the court in administering the court's juvenile docket and in supervising the court's orders in juvenile cases; and
(B) may provide:
(i) prevention services to a child considered at risk of entering the juvenile justice system; and
(ii) youth diversion services to juveniles engaged in misconduct before cases are filed, excluding traffic offenses; or
(3) agree in accordance with Chapter 791, Government Code, with any appropriate governmental entity to jointly employ a juvenile case manager, jointly contract for juvenile case manager services, or jointly contribute to the costs of a juvenile case manager or juvenile case manager services described by Subdivisions (1) and (2).
(b) A local entity may apply or more than one local entity may jointly apply to the criminal justice division of the governor's office for reimbursement of all or part of the costs of employing one or more juvenile case managers or contracting for juvenile case manager services from funds appropriated to the governor's office or otherwise available for purposes of youth diversion. To be eligible for reimbursement, the entity applying must present to the governor's office a comprehensive plan to reduce juvenile crimes in the entity's jurisdiction and a youth diversion plan under Article 45.306 that addresses the role of the juvenile case manager in that effort.
(c) An entity that jointly employs a juvenile case manager, jointly contracts for juvenile case manager services, or jointly contributes to the costs of a juvenile case manager or juvenile case manager services under Subsection (a)(3) employs a juvenile case manager for purposes of Chapter 102 of this code and Chapter 102, Government Code.
(d) The court or governing body may pay from the local youth diversion fund established under Section 134.156, Local Government Code:
(1) the salary and benefits of a juvenile case manager;
(2) the costs of contracting for juvenile case manager services; and
(3) the costs of training, travel, office supplies, and other necessary expenses relating to the position of the juvenile case manager and juvenile case manager services.
(e) A juvenile case manager shall give priority to cases brought under SectionSections 25.09325.094, Education Code, Chapter 65, Family Code, and youth diversion under Subchapter E of this chapter.
(f) The governing body of the employing governmental entity under Subsection (a) shall adopt reasonable rules for juvenile case managers that provide:
(1) a code of ethics, and for the enforcement of the code of ethics;
(2) appropriate educational preservice and in-service training standards for juvenile case managers; and
(3) training in:
(A) the role of the juvenile case manager;
(B) case planning and management;
(C) applicable procedural and substantive law;
(D) courtroom proceedings and presentation;
(E) services to at-risk youth under Subchapter D, Chapter 264, Family Code; 1
(F) local programs and services for juveniles and methods by which juveniles may access those programs and services; and
(G) detecting and preventing abuse, exploitation, and neglect of juveniles.
(g) A court or governmental entity under this article shall implement the rules adopted under Subsection (f).
(h) The commissioners court or governing body of the municipality that administers a local youth diversion fund under Section 134.156, Local Government Code, shall require periodic review of juvenile case managers to ensure the implementation of the rules adopted under Subsection (f).
(i) The juvenile case manager shall timely report to the judge who signed the order or judgment and, on request, to the judge assigned to the case or the presiding judge any information or recommendations relevant to assisting the judge in making decisions that are in the best interest of the child.
(j) The judge who is assigned to the case shall consult with the juvenile case manager who is supervising the case regarding:
(1) the child's home environment;
(2) the child's developmental, psychological, and educational status;
(3) the child's previous interaction with the justice system; and
(4) any sanctions available to the court that would be in the best interest of the child.
(k) Subsections (i) and (j) do not apply to:
(1) a part-time judge; or
(2) a county judge of a county court that has one or more appointed full-time magistrates under Section 54.1172, Government Code.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 45.056. Juvenile Case Managers - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45-056/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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