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Texas Code of Criminal Procedure - CRIM P Art. § 45A.451. Juvenile Case Managers

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective January 1, 2025>

(a) On approval of the commissioners court, governing body of a municipality, 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 case manager to provide services:

(A) in cases involving juvenile offenders who are before a court consistent with the court's statutory powers; or

(B) to a juvenile who is referred to a court by a school administrator or designee for misconduct that would otherwise be within the court's statutory powers before a case is filed, with the consent of the juvenile and the juvenile's parents or guardians;

(2) employ 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) intervention services to a juvenile engaged in misconduct, excluding traffic offenses, if a case has not yet been filed with respect to the misconduct; or

(3) agree in accordance with Chapter 791, Government Code, with any appropriate governmental entity to jointly employ a case manager or to jointly contribute to the costs of a case manager employed by one governmental entity to provide services described by Subdivisions (1) and (2).

(a-1) A county or justice court on approval of the commissioners court or a municipality or municipal court on approval of the governing body of the municipality may employ one or more juvenile case managers who:

(1) shall assist the court in administering the court's juvenile docket and in supervising the court's orders in juvenile cases; and

(2) may provide:

(A) prevention services to a child considered at risk of entering the juvenile justice system; and

(B) intervention services to a juvenile engaged in misconduct, excluding traffic offenses, if a case has not yet been filed with respect to the misconduct.

(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 from funds appropriated to the governor's office or otherwise available for that purpose.

(c) To be eligible for reimbursement under Subsection (b), the entity applying must present to the governor's office a comprehensive plan to reduce juvenile offenses in the entity's jurisdiction. The plan must address the role of the case manager in that effort.

(d) An entity that jointly employs a case manager under Subsection (a)(3) employs a juvenile case manager for purposes of Chapter 102.

(e) The court or governing body may pay, from the local truancy prevention and diversion fund established under Section 134.156, Local Government Code:

(1) the salary and benefits of a juvenile case manager; and

(2) the costs of training, travel, office supplies, and other necessary expenses relating to the position of the juvenile case manager.

(f) A juvenile case manager employed under Subsection (a-1) shall give priority to cases brought under Section 25.093, Education Code.

(g) The governing body of the employing governmental entity under Subsection (a) shall adopt reasonable rules for juvenile case managers that provide for:

(1) a code of ethics and 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;

(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.

(h) The employing court or governmental entity under this article shall implement the rules adopted under Subsection (g).

(i) The commissioners court or governing body of the municipality that administers a local truancy prevention and 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 (g).

(j) The juvenile case manager shall timely report to the judge who signed the applicable 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.

(k) 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.

(l) Subsections (j) and (k) 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.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 45A.451. Juvenile Case Managers - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45a-451/

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