~~ 5 ? ~- c'~~ I G COMMISSIONERS' COIIRT AGENDA REOIIEST PLEASE FIIRNISH ONE ORIGINAL AND NINE COPIES OF THE REOIIEST AND DOCUMENTS TO BE REVIEWED BY THE COIIRT MADE BY Linda Uecker OFFICE: Disrict Clerk MEETING DATE: Ruc .~ ~1 ~-~'~ S TIME SUBJECT: (PLEASE BY SPECIFIC) Update the court on SBti, relating to protective services, that requires the commissioner's court to establish "Family Protection Fee" EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Linda Uecker . ESTIMATED LENGTH OF PRESENTATION: 10 Minutes IF PERSONNELL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted pursuant with Title 5, Chapter 551 and 552, Government Code is by 5:00 PM on the previous Tuesday of a meeting scheduled for Mondays. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All agenda requests will be screened by the County Judge's OfSce to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. See Agenda Request Rules adopted by the Commissioners' Court. SB6, relating to protective services Previous statute was permissive on the family protection fee. This bill changes the language to require it be established by the commissionex's court. The fee is $30. and is to be chazged on all divorces and annulments. `/a of the fee remains with the county for use ONLY to fund a service provide located in this county oz an adjacent county. The other half is sent to the comptroller. It also adds $100. to a conviction of any sexual offense against a child. The money remain with the county to be used ONLY to fund child abuse prevention programs in the county. The treasurer and or auditor must establish 2 additional dedicated funds. The effective date of the fee is 1-1-0%, but must be established by the court 9-1-05. SB 6, relating to protective services. This is the long bill that overhauls child protective service. A couple of sections may have some impact on clerks. The following are excerpts from the bill. ,~ Section 1.63 {portion) Sec 264 802 AUTHORITY TO ESTABLISH PROGRAf I~The commissioners court of a count' may establish a fami~ SECTION 1.68. Section 51.961, Government Code, is amended to read as follows: Sec. 51.961. FAMILY PROTECTION FEE. (a) The commissioners court of a county tall (raay] adopt a family protection fee in an amount not to exceed 3~ [tilb]. (b) Except as provided by Subsection (c), the district clerk or ceunty clerk shall collect the family protection fee at the time a suit for dissolution of a marriage under Chapter 6, Family Code, is tiled. The fee is in addition to any other fee collected by the district clerk or county clerk. (c) The clerk may not collect a fee under this section from a person who is protected by an order issued under. (1) Subtitle B, Title 4, Family Code; or ~ (2) Aficle 17.292, Code of Criminal Procedure. (d) The clerk shall pay one-half of the [a] fee colleted under this section to the appropriate officer of the county in which the suit is flied for deposit in the county treasury to the credit of the family protection account. The account may be used by the commissioners court of the county only to fund a service provider located in that county or an adjacent county. The commissioners court may provide funding to a nonprofit organization that provides services described by Subsection (e). (e) A service provider who receives funds under Subsection (d) may provide family violence and child abuse prevention, intervention, family strenatheninq, mental health, counseling, legal, and marriage preservation services to families that are at risk of experiencing or that have experienced family violence or the abuse or neglect of a child. (f) In this section,:'family violence" has the meaning assigned by Section 71.004, Family Code. Human Resources Code Sec. 1.68 Amends Code of Criminal procedure 102.0186 SECTION 1.81. Subchapter B, Chapter 40, Human Resources Cade, is amended by adding Section 40.03051 to read as follows: arocess. (11 a description of the status of the pilot program; ~~ (2) a description of the effects of the pilot program on the progression of child protective services cases commissioners court. SECTION 3.04, SUBCHAPTER E Sec 161 107 EXEMPTION FROM GUARDIANSHIP BONDS. CERTAIN COSTS. FEES. AND EXPENSES. (a) The department or a political subdivision of this state or state agency with which the department contracts under Section 161 103 is not required to post a bond or pav anv cost or fee associated with a bond othewise required by the Texas Probate Code in guardianship matters. (b) The department is not required to pav anv cost or fee otherwise imposed for court proceedings or other services. including: SECTION 1.127. (a) Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.0188 fo read as follows [1) a filing fee or fee for issuance of service of process imposed by Section 51.317. 51.318(b)(2). (c) The department may not be required to pay fees associated with the appointment of a guardian ad litem or attorney ad litem.