Relevant Statutes


Code of Criminal Procedure, Article 45.056. JUVENILE CASE MANAGERS.

(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 case manager to provide services in cases involving juvenile offenders before a court consistent with the court's statutory powers; or

(2) agree in accordance with Chapter 791, Government Code, to jointly employ a case manager.

(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. 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 that addresses the role of the case manager in that effort.

(c) A county or justice court on approval of the commissioners court or a municipality or municipal court on approval of the city council may employ one or more juvenile case managers to assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases.

(d) Pursuant to Article 102.0174, the court or governing body may pay the salary and benefits of a juvenile case manager and the costs of training, travel, office supplies, and other necessary expenses relating to the position of the juvenile case manager from the juvenile case manager fund.

(e) [Repealed by Acts 2011, 82nd Leg., ch. 1098 (S.B. 1489)]

(f) [2 versions: As added by Acts 2011, 82nd Leg., ch. 868 (S.B. 61)] 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;

(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.

(f) [2 versions: As added by Acts 2011, 82nd Leg., ch. 1055 (S.B. 209)] 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.

(g) [2 versions: As added by Acts 2011, 82nd Leg., ch. 868 (S.B. 61)] The employing court or governmental entity under this article shall implement the rules adopted under Subsection (f).

(g) [2 versions: As added by Acts 2011, 82nd Leg., ch. 1055 (S.B. 209)] 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.

(h) [2 versions: As added by Acts 2011, 82nd Leg., ch. 868 (S.B. 61)] The commissioners court or governing body of the municipality that administers a juvenile case manager fund under Article 102.0174 shall require periodic review of juvenile case managers to ensure the implementation of the rules adopted under Subsection (f).

(h) [2 versions: As added by Acts 2011, 82nd Leg., ch. 1055 (S.B. 209)] Subsections (f) and (g) 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.

Enacted by Acts 2001, 77th Leg., ch. 1514 (S.B. 1432), sec. 9, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 283 (H.B. 2319), sec. 33, eff. Sept. 1, 2003. Amended by Acts 2005, 79th Leg., ch. 949 (H.B. 1575), sec. 34, eff. Sept. 1, 2005. Amended by Acts 2011, 82nd Leg., ch. 868 (S.B. 61), secs. 1, 2, eff. June 17, 2011. Amended by Acts 2011, 82nd Leg., ch. 1055 (S.B. 209), sec. 1, eff. Sept. 1, 2011. Amended by Acts 2011, 82nd Leg., ch. 1098, (S.B. 1489), sec. 16, eff. Sept. 1, 2011.

*Note, multiple amendments were made to this statute by the 82nd Legislature, resulting in two subsections (f), (g), and (h).

 

Code of Criminal Procedure, Article 102.0174. COURT COSTS; JUVENILE CASE MANAGER FUND.

(a) In this article, "fund" means a juvenile case manager fund.

(b) The governing body of a municipality by ordinance may create a juvenile case manager fund and may require a defendant convicted of a fine-only misdemeanor offense in a municipal court to pay a juvenile case manager fee not to exceed $5 as a cost of court if the municipality employs a juvenile case manager.  A municipality that does not employ a juvenile case manager may not collect a fee under this subsection.

(c) The commissioners court of a county by order may create a juvenile case manager fund and may require a defendant convicted of a fine-only misdemeanor offense in a justice court, county court, or county court at law to pay a juvenile case manager fee not to exceed $5 as a cost of court if the court employs a juvenile case manager.  A justice court, county court, or county court at law that does not employ a juvenile case manager may not collect a fee under this subsection.

(d) The ordinance or order must authorize the judge or justice to waive the fee required by Subsection (b) or (c) in a case of financial hardship.

(e) In this article, a defendant is considered convicted if:

(1) a sentence is imposed on the defendant;

(2) the defendant receives deferred disposition, including deferred proceedings under Article 45.052 or 45.053; or

(3) the defendant receives deferred adjudication in county court.

(f) The clerks of the respective courts shall collect the costs and pay them to the county or municipal treasurer, as applicable, or to any other official who discharges the duties commonly delegated to the county or municipal treasurer for deposit in the fund.

(g) A fund created under this section may be used only to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of a juvenile case manager employed under Article 45.056.  The fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.

(h) A fund must be administered by or under the direction of the commissioners court or under the direction of the governing body of the municipality.

Enacted by Acts 2005, 79th Leg., ch. 949 (H.B. 1575), sec. 35, eff. Sept. 1, 2005. Amended by Acts 2011, 82nd Leg., ch. 868 (S.B. 61), sec. 3, eff. June 17, 2011. Amended by Acts 2011, 82nd Leg., ch. 1098, (S.B. 1489), sec. 8, eff. Sept. 1, 2011.