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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of a child in disciplinary seclusion in a |
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juvenile facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Family Code, is amended by adding |
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Section 51.22 to read as follows: |
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Sec. 51.22. PLACEMENT IN DISCIPLINARY SECLUSION. (a) In |
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this section: |
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(1) "Board" means the Texas Juvenile Justice Board. |
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(2) "Department" means the Texas Juvenile Justice |
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Department. |
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(3) "Disciplinary seclusion" means the involuntary |
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separation of a child from other children placed in or committed to |
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a juvenile facility and the placement of the child alone in an area |
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from which the child is prevented from leaving for disciplinary |
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purposes. |
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(4) "Juvenile facility" means a facility that serves |
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juveniles under juvenile court jurisdiction and that is operated |
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wholly or partly by the department, a juvenile board, or another |
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governmental unit or by a private vendor under a contract with the |
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department, juvenile board, or governmental unit. |
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(b) A child placed in or committed to a juvenile facility |
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may not be placed in disciplinary seclusion for longer than a |
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four-hour period unless the child is placed in disciplinary |
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seclusion as a result of an assault or an escape or attempted escape |
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from the facility. |
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(c) A child placed in disciplinary seclusion for longer than |
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a one-hour period must complete a therapeutic self-analysis |
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assignment. The board shall develop criteria for therapeutic |
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self-analysis assignments. |
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(d) The administrator of a juvenile facility operated by or |
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under contract with a juvenile board or other local governmental |
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unit shall report to the department data regarding the placement of |
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children in disciplinary seclusion in the facility. A report under |
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this subsection must include for each instance a child is placed in |
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disciplinary seclusion in the facility the reason for the placement |
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and the duration of the placement. |
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(e) The board shall adopt rules necessary to implement this |
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section. |
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(f) The board shall review all rules relating to discipline |
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plans and the use of restraints for children with mental health or |
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trauma concerns who are placed in disciplinary seclusion and |
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incorporate best practices in those rules. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |