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

89(R) HB 4631 - Introduced version - Bill Text

89R16301 CJD-D

By: Hickland

H.B. No. 4631

A BILL TO BE ENTITLED

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 Section 52.04(c), Family Code, is repealed.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.