2009 Texas Code
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
OR MENTAL RETARDATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 55.01. MEANING OF "HAVING A MENTAL ILLNESS". For purposes
of this chapter, a child who is described as having a mental
illness means a child who suffers from mental illness as defined
by Section 571.003, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.02. MENTAL HEALTH AND MENTAL RETARDATION JURISDICTION.
For the purpose of initiating proceedings to order mental health
or mental retardation services for a child or for commitment of a
child as provided by this chapter, the juvenile court has
jurisdiction of proceedings under Subtitle C or D, Title 7,
Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by this
chapter, a child for whom inpatient mental health services is
ordered by a court under this chapter shall be cared for as
provided by Subtitle C, Title 7, Health and Safety Code.
(b) Except as provided by this chapter, a child who is committed
by a court to a residential care facility for mental retardation
shall be cared for as provided by Subtitle D, Title 7, Health and
Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
SUBCHAPTER B. CHILD WITH MENTAL ILLNESS
Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION. (a) On
a motion by a party, the juvenile court shall determine whether
probable cause exists to believe that a child who is alleged by
petition or found to have engaged in delinquent conduct or
conduct indicating a need for supervision has a mental illness.
In making its determination, the court may:
(1) consider the motion, supporting documents, professional
statements of counsel, and witness testimony; and
(2) make its own observation of the child.
(b) If the court determines that probable cause exists to
believe that the child has a mental illness, the court shall
temporarily stay the juvenile court proceedings and immediately
order the child to be examined under Section 51.20. The
information obtained from the examination must include expert
opinion as to whether the child has a mental illness and whether
the child meets the commitment criteria under Subtitle C, Title
7, Health and Safety Code. If ordered by the court, the
information must also include expert opinion as to whether the
child is unfit to proceed with the juvenile court proceedings.
(c) After considering all relevant information, including
information obtained from an examination under Section 51.20, the
court shall:
(1) if the court determines that evidence exists to support a
finding that the child has a mental illness and that the child
meets the commitment criteria under Subtitle C, Title 7, Health
and Safety Code, proceed under Section 55.12; or
(2) if the court determines that evidence does not exist to
support a finding that the child has a mental illness or that the
child meets the commitment criteria under Subtitle C, Title 7,
Health and Safety Code, dissolve the stay and continue the
juvenile court proceedings.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.12. INITIATION OF COMMITMENT PROCEEDINGS. If, after
considering all relevant information, the juvenile court
determines that evidence exists to support a finding that a child
has a mental illness and that the child meets the commitment
criteria under Subtitle C, Title 7, Health and Safety Code, the
court shall:
(1) initiate proceedings as provided by Section 55.13 to order
temporary or extended mental health services, as provided in
Subchapter C, Chapter 574, Health and Safety Code; or
(2) refer the child's case as provided by Section 55.14 to the
appropriate court for the initiation of proceedings in that court
for commitment of the child under Subchapter C, Chapter 574,
Health and Safety Code.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May
31, 1995. Redesignated from Family Code Sec. 55.02(a) and amended
by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.13. COMMITMENT PROCEEDINGS IN JUVENILE COURT. (a) If
the juvenile court initiates proceedings for temporary or
extended mental health services under Section 55.12(1), the
prosecuting attorney or the attorney for the child may file with
the juvenile court an application for court-ordered mental health
services under Section 574.001, Health and Safety Code. The
juvenile court shall:
(1) set a date for a hearing and provide notice as required by
Sections 574.005 and 574.006, Health and Safety Code; and
(2) conduct the hearing in accordance with Subchapter C, Chapter
574, Health and Safety Code.
(b) The burden of proof at the hearing is on the party who filed
the application.
(c) The juvenile court shall appoint the number of physicians
necessary to examine the child and to complete the certificates
of medical examination for mental illness required under Section
574.009, Health and Safety Code.
(d) After conducting a hearing on an application under this
section, the juvenile court shall:
(1) if the criteria under Section 574.034, Health and Safety
Code, are satisfied, order temporary mental health services for
the child; or
(2) if the criteria under Section 574.035, Health and Safety
Code, are satisfied, order extended mental health services for
the child.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.14. REFERRAL FOR COMMITMENT PROCEEDINGS. (a) If the
juvenile court refers the child's case to the appropriate court
for the initiation of commitment proceedings under Section
55.12(2), the juvenile court shall:
(1) send all papers relating to the child's mental illness to
the clerk of the court to which the case is referred;
(2) send to the office of the appropriate county attorney or, if
a county attorney is not available, to the office of the
appropriate district attorney, copies of all papers sent to the
clerk of the court under Subdivision (1); and
(3) if the child is in detention:
(A) order the child released from detention to the child's home
or another appropriate place;
(B) order the child detained in an appropriate place other than
a juvenile detention facility; or
(C) if an appropriate place to release or detain the child as
described by Paragraph (A) or (B) is not available, order the
child to remain in the juvenile detention facility subject to
further detention orders of the court.
(b) The papers sent to the clerk of a court under Subsection
(a)(1) constitute an application for mental health services under
Section 574.001, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
MENTAL HEALTH SERVICES. If the juvenile court or a court to
which the child's case is referred under Section 55.12(2) orders
mental health services for the child, the child shall be cared
for, treated, and released in conformity to Subtitle C, Title 7,
Health and Safety Code, except:
(1) a court order for mental health services for a child
automatically expires on the 120th day after the date the child
becomes 18 years of age; and
(2) the administrator of a mental health facility shall notify,
in writing, by certified mail, return receipt requested, the
juvenile court that ordered mental health services or the
juvenile court that referred the case to a court that ordered the
mental health services of the intent to discharge the child at
least 10 days prior to discharge.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1975, 64th Leg., p. 2157, ch. 693, Sec. 20
and 21, eff. Sept. 1, 1975; Acts 1991, 72nd Leg., ch. 76, Sec. 9,
eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 262, Sec. 47, eff.
May 31, 1995. Redesignated from Family Code Sec. 55.02(c) and
amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
PROCEEDINGS. (a) If the court to which the child's case is
referred under Section 55.12(2) orders temporary or extended
inpatient mental health services for the child, the court shall
immediately notify in writing the referring juvenile court of the
court's order for mental health services.
(b) If the juvenile court orders temporary or extended inpatient
mental health services for the child or if the juvenile court
receives notice under Subsection (a) from the court to which the
child's case is referred, the proceedings under this title then
pending in juvenile court shall be stayed.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May
31, 1995. Redesignated from Family Code Sec. 55.02(d) and amended
by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION OF
STAY. (a) If the court to which a child's case is referred
under Section 55.12(2) does not order temporary or extended
inpatient mental health services for the child, the court shall
immediately notify in writing the referring juvenile court of the
court's decision.
(b) If the juvenile court does not order temporary or extended
inpatient mental health services for the child or if the juvenile
court receives notice under Subsection (a) from the court to
which the child's case is referred, the juvenile court shall
dissolve the stay and continue the juvenile court proceedings.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
REACHING 18 YEARS OF AGE. If the child is discharged from the
mental health facility before reaching 18 years of age, the
juvenile court may:
(1) dismiss the juvenile court proceedings with prejudice; or
(2) continue with proceedings under this title as though no
order of mental health services had been made.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May
31, 1995. Redesignated from Family Code Sec. 55.02(e) by Acts
1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY. (a)
The juvenile court shall transfer all pending proceedings from
the juvenile court to a criminal court on the 18th birthday of a
child for whom the juvenile court or a court to which the child's
case is referred under Section 55.12(2) has ordered inpatient
mental health services if:
(1) the child is not discharged or furloughed from the inpatient
mental health facility before reaching 18 years of age; and
(2) the child is alleged to have engaged in delinquent conduct
that included a violation of a penal law listed in Section 53.045
and no adjudication concerning the alleged conduct has been made.
(b) The juvenile court shall send notification of the transfer
of a child under Subsection (a) to the inpatient mental health
facility. The criminal court shall, within 90 days of the
transfer, institute proceedings under Chapter 46B, Code of
Criminal Procedure. If those or any subsequent proceedings result
in a determination that the defendant is competent to stand
trial, the defendant may not receive a punishment for the
delinquent conduct described by Subsection (a)(2) that results in
confinement for a period longer than the maximum period of
confinement the defendant could have received if the defendant
had been adjudicated for the delinquent conduct while still a
child and within the jurisdiction of the juvenile court.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31,
1995. Redesignated from Sec. 55.02(f) and (g) and amended by Acts
1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 35, Sec. 7, eff. Jan. 1, 2004.
SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL
ILLNESS OR MENTAL RETARDATION
Sec. 55.31. UNFITNESS TO PROCEED DETERMINATION; EXAMINATION.
(a) A child alleged by petition or found to have engaged in
delinquent conduct or conduct indicating a need for supervision
who as a result of mental illness or mental retardation lacks
capacity to understand the proceedings in juvenile court or to
assist in the child's own defense is unfit to proceed and shall
not be subjected to discretionary transfer to criminal court,
adjudication, disposition, or modification of disposition as long
as such incapacity endures.
(b) On a motion by a party, the juvenile court shall determine
whether probable cause exists to believe that a child who is
alleged by petition or who is found to have engaged in delinquent
conduct or conduct indicating a need for supervision is unfit to
proceed as a result of mental illness or mental retardation. In
making its determination, the court may:
(1) consider the motion, supporting documents, professional
statements of counsel, and witness testimony; and
(2) make its own observation of the child.
(c) If the court determines that probable cause exists to
believe that the child is unfit to proceed, the court shall
temporarily stay the juvenile court proceedings and immediately
order the child to be examined under Section 51.20. The
information obtained from the examination must include expert
opinion as to whether the child is unfit to proceed as a result
of mental illness or mental retardation.
(d) After considering all relevant information, including
information obtained from an examination under Section 51.20, the
court shall:
(1) if the court determines that evidence exists to support a
finding that the child is unfit to proceed, proceed under Section
55.32; or
(2) if the court determines that evidence does not exist to
support a finding that the child is unfit to proceed, dissolve
the stay and continue the juvenile court proceedings.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May
31, 1995. Redesignated from Family Code Sec. 55.04(a) and (b) and
amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If the
juvenile court determines that evidence exists to support a
finding that a child is unfit to proceed as a result of mental
illness or mental retardation, the court shall set the case for a
hearing on that issue.
(b) The issue of whether the child is unfit to proceed as a
result of mental illness or mental retardation shall be
determined at a hearing separate from any other hearing.
(c) The court shall determine the issue of whether the child is
unfit to proceed unless the child or the attorney for the child
demands a jury before the 10th day before the date of the
hearing.
(d) Unfitness to proceed as a result of mental illness or mental
retardation must be proved by a preponderance of the evidence.
(e) If the court or jury determines that the child is fit to
proceed, the juvenile court shall continue with proceedings under
this title as though no question of fitness to proceed had been
raised.
(f) If the court or jury determines that the child is unfit to
proceed as a result of mental illness or mental retardation, the
court shall:
(1) stay the juvenile court proceedings for as long as that
incapacity endures; and
(2) proceed under Section 55.33.
(g) The fact that the child is unfit to proceed as a result of
mental illness or mental retardation does not preclude any legal
objection to the juvenile court proceedings which is susceptible
of fair determination prior to the adjudication hearing and
without the personal participation of the child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May
31, 1995. Redesignated from Family Code Sec. 55.04(c) to (f) and
(h) and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff.
Sept. 1, 1999.
Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
PROCEED. (a) If the juvenile court or jury determines under
Section 55.32 that a child is unfit to proceed with the juvenile
court proceedings for delinquent conduct, the court shall:
(1) if the unfitness to proceed is a result of mental illness or
mental retardation:
(A) provided that the child meets the commitment criteria under
Subtitle C or D, Title 7, Health and Safety Code, order the child
placed with the Texas Department of Mental Health and Mental
Retardation for a period of not more than 90 days, which order
may not specify a shorter period, for placement in a facility
designated by the department; or
(B) on application by the child's parent, guardian, or guardian
ad litem, order the child placed in a private psychiatric
inpatient facility for a period of not more than 90 days, which
order may not specify a shorter period, but only if the placement
is agreed to in writing by the administrator of the facility; or
(2) if the unfitness to proceed is a result of mental illness
and the court determines that the child may be adequately treated
in an alternative setting, order the child to receive treatment
for mental illness on an outpatient basis for a period of not
more than 90 days, which order may not specify a shorter period.
(b) If the court orders a child placed in a private psychiatric
inpatient facility under Subsection (a)(1)(B), the state or a
political subdivision of the state may be ordered to pay any
costs associated with the child's placement, subject to an
express appropriation of funds for the purpose.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY. (a) If the
court issues a placement order under Section 55.33(a)(1), the
court shall order the probation department or sheriff's
department to transport the child to the designated facility.
(b) On receipt of a report from a facility to which a child has
been transported under Subsection (a), the court shall order the
probation department or sheriff's department to transport the
child from the facility to the court. If the child is not
transported to the court before the 11th day after the date of
the court's order, an authorized representative of the facility
shall transport the child from the facility to the court.
(c) The county in which the juvenile court is located shall
reimburse the facility for the costs incurred in transporting the
child to the juvenile court as required by Subsection (b).
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY; REPORT
TO COURT. (a) If the juvenile court issues a placement order
under Section 55.33(a), the court shall order the probation
department to send copies of any information in the possession of
the department and relevant to the issue of the child's mental
illness or mental retardation to the public or private facility
or outpatient center, as appropriate.
(b) Not later than the 75th day after the date the court issues
a placement order under Section 55.33(a), the public or private
facility or outpatient center, as appropriate, shall submit to
the court a report that:
(1) describes the treatment of the child provided by the
facility or center; and
(2) states the opinion of the director of the facility or center
as to whether the child is fit or unfit to proceed.
(c) The court shall provide a copy of the report submitted under
Subsection (b) to the prosecuting attorney and the attorney for
the child.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
OBJECTION. (a) If a report submitted under Section 55.35(b)
states that a child is fit to proceed, the juvenile court shall
find that the child is fit to proceed unless the child's attorney
objects in writing or in open court not later than the second day
after the date the attorney receives a copy of the report under
Section 55.35(c).
(b) On objection by the child's attorney under Subsection (a),
the juvenile court shall promptly hold a hearing to determine
whether the child is fit to proceed, except that the hearing may
be held after the date that the placement order issued under
Section 55.33(a) expires. At the hearing, the court shall
determine the issue of the fitness of the child to proceed unless
the child or the child's attorney demands in writing a jury
before the 10th day before the date of the hearing.
(c) If, after a hearing, the court or jury finds that the child
is fit to proceed, the court shall dissolve the stay and continue
the juvenile court proceedings as though a question of fitness to
proceed had not been raised.
(d) If, after a hearing, the court or jury finds that the child
is unfit to proceed, the court shall proceed under Section 55.37.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF
MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS. If a
report submitted under Section 55.35(b) states that a child is
unfit to proceed as a result of mental illness and that the child
meets the commitment criteria for civil commitment under Subtitle
C, Title 7, Health and Safety Code, the director of the public or
private facility or outpatient center, as appropriate, shall
submit to the court two certificates of medical examination for
mental illness. On receipt of the certificates, the court shall:
(1) initiate proceedings as provided by Section 55.38 in the
juvenile court for commitment of the child under Subtitle C,
Title 7, Health and Safety Code; or
(2) refer the child's case as provided by Section 55.39 to the
appropriate court for the initiation of proceedings in that court
for commitment of the child under Subtitle C, Title 7, Health and
Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.38. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
ILLNESS. (a) If the juvenile court initiates commitment
proceedings under Section 55.37(1), the prosecuting attorney may
file with the juvenile court an application for court-ordered
mental health services under Section 574.001, Health and Safety
Code. The juvenile court shall:
(1) set a date for a hearing and provide notice as required by
Sections 574.005 and 574.006, Health and Safety Code; and
(2) conduct the hearing in accordance with Subchapter C, Chapter
574, Health and Safety Code.
(b) After conducting a hearing under Subsection (a)(2), the
juvenile court shall:
(1) if the criteria under Section 574.034, Health and Safety
Code, are satisfied, order temporary mental health services; or
(2) if the criteria under Section 574.035, Health and Safety
Code, are satisfied, order extended mental health services.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.39. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
ILLNESS. (a) If the juvenile court refers the child's case to
an appropriate court for the initiation of commitment proceedings
under Section 55.37(2), the juvenile court shall:
(1) send all papers relating to the child's unfitness to
proceed, including the verdict and judgment of the juvenile court
finding the child unfit to proceed, to the clerk of the court to
which the case is referred;
(2) send to the office of the appropriate county attorney or, if
a county attorney is not available, to the office of the
appropriate district attorney, copies of all papers sent to the
clerk of the court under Subdivision (1); and
(3) if the child is in detention:
(A) order the child released from detention to the child's home
or another appropriate place;
(B) order the child detained in an appropriate place other than
a juvenile detention facility; or
(C) if an appropriate place to release or detain the child as
described by Paragraph (A) or (B) is not available, order the
child to remain in the juvenile detention facility subject to
further detention orders of the court.
(b) The papers sent to a court under Subsection (a)(1)
constitute an application for mental health services under
Section 574.001, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF
MENTAL RETARDATION. If a report submitted under Section 55.35(b)
states that a child is unfit to proceed as a result of mental
retardation and that the child meets the commitment criteria for
civil commitment under Subtitle D, Title 7, Health and Safety
Code, the director of the residential care facility shall submit
to the court an affidavit stating the conclusions reached as a
result of the diagnosis. On receipt of the affidavit, the court
shall:
(1) initiate proceedings as provided by Section 55.41 in the
juvenile court for commitment of the child under Subtitle D,
Title 7, Health and Safety Code; or
(2) refer the child's case as provided by Section 55.42 to the
appropriate court for the initiation of proceedings in that court
for commitment of the child under Subtitle D, Title 7, Health and
Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
RETARDATION. (a) If the juvenile court initiates commitment
proceedings under Section 55.40(1), the prosecuting attorney may
file with the juvenile court an application for placement under
Section 593.041, Health and Safety Code. The juvenile court
shall:
(1) set a date for a hearing and provide notice as required by
Sections 593.047 and 593.048, Health and Safety Code; and
(2) conduct the hearing in accordance with Sections
593.049-593.056, Health and Safety Code.
(b) After conducting a hearing under Subsection (a)(2), the
juvenile court may order commitment of the child to a residential
care facility if the commitment criteria under Section 593.052,
Health and Safety Code, are satisfied.
(c) On receipt of the court's order, the Texas Department of
Mental Health and Mental Retardation or the appropriate community
center shall admit the child to a residential care facility.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 30, eff.
Sept. 1, 2001.
Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
RETARDATION. (a) If the juvenile court refers the child's case
to an appropriate court for the initiation of commitment
proceedings under Section 55.40(2), the juvenile court shall:
(1) send all papers relating to the child's mental retardation
to the clerk of the court to which the case is referred;
(2) send to the office of the appropriate county attorney or, if
a county attorney is not available, to the office of the
appropriate district attorney, copies of all papers sent to the
clerk of the court under Subdivision (1); and
(3) if the child is in detention:
(A) order the child released from detention to the child's home
or another appropriate place;
(B) order the child detained in an appropriate place other than
a juvenile detention facility; or
(C) if an appropriate place to release or detain the child as
described by Paragraph (A) or (B) is not available, order the
child to remain in the juvenile detention facility subject to
further detention orders of the court.
(b) The papers sent to a court under Subsection (a)(1)
constitute an application for placement under Section 593.041,
Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.43. RESTORATION HEARING. (a) The prosecuting attorney
may file with the juvenile court a motion for a restoration
hearing concerning a child if:
(1) the child is found unfit to proceed as a result of mental
illness or mental retardation; and
(2) the child:
(A) is not:
(i) ordered by a court to receive inpatient mental health
services;
(ii) committed by a court to a residential care facility; or
(iii) ordered by a court to receive treatment on an outpatient
basis; or
(B) is discharged or currently on furlough from a mental health
facility or outpatient center before the child reaches 18 years
of age.
(b) At the restoration hearing, the court shall determine the
issue of whether the child is fit to proceed.
(c) The restoration hearing shall be conducted without a jury.
(d) The issue of fitness to proceed must be proved by a
preponderance of the evidence.
(e) If, after a hearing, the court finds that the child is fit
to proceed, the court shall continue the juvenile court
proceedings.
(f) If, after a hearing, the court finds that the child is unfit
to proceed, the court shall dismiss the motion for restoration.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 13, eff. September 1, 2007.
Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
CHILD. (a) The juvenile court shall transfer all pending
proceedings from the juvenile court to a criminal court on the
18th birthday of a child for whom the juvenile court or a court
to which the child's case is referred has ordered inpatient
mental health services or residential care for persons with
mental retardation if:
(1) the child is not discharged or currently on furlough from
the facility before reaching 18 years of age; and
(2) the child is alleged to have engaged in delinquent conduct
that included a violation of a penal law listed in Section 53.045
and no adjudication concerning the alleged conduct has been made.
(b) The juvenile court shall send notification of the transfer
of a child under Subsection (a) to the facility. The criminal
court shall, before the 91st day after the date of the transfer,
institute proceedings under Chapter 46B, Code of Criminal
Procedure. If those or any subsequent proceedings result in a
determination that the defendant is competent to stand trial, the
defendant may not receive a punishment for the delinquent conduct
described by Subsection (a)(2) that results in confinement for a
period longer than the maximum period of confinement the
defendant could have received if the defendant had been
adjudicated for the delinquent conduct while still a child and
within the jurisdiction of the juvenile court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 8, eff. Jan.
1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 14, eff. September 1, 2007.
Sec. 55.45. STANDARDS OF CARE; NOTICE OF RELEASE OR FURLOUGH.
(a) If the juvenile court or a court to which the child's case
is referred under Section 55.37(2) orders mental health services
for the child, the child shall be cared for, treated, and
released in accordance with Subtitle C, Title 7, Health and
Safety Code, except that the administrator of a mental health
facility shall notify, in writing, by certified mail, return
receipt requested, the juvenile court that ordered mental health
services or that referred the case to a court that ordered mental
health services of the intent to discharge the child on or before
the 10th day before the date of discharge.
(b) If the juvenile court or a court to which the child's case
is referred under Section 55.40(2) orders the commitment of the
child to a residential care facility, the child shall be cared
for, treated, and released in accordance with Subtitle D, Title
7, Health and Safety Code, except that the administrator of the
residential care facility shall notify, in writing, by certified
mail, return receipt requested, the juvenile court that ordered
commitment of the child or that referred the case to a court that
ordered commitment of the child of the intent to discharge or
furlough the child on or before the 20th day before the date of
discharge or furlough.
(c) If the referred child, as described in Subsection (b), is
alleged to have committed an offense listed in Section 3g,
Article 42.12, Code of Criminal Procedure, the administrator of
the residential care facility shall apply, in writing, by
certified mail, return receipt requested, to the juvenile court
that ordered commitment of the child or that referred the case to
a court that ordered commitment of the child and show good cause
for any release of the child from the facility for more than 48
hours. Notice of this request must be provided to the
prosecuting attorney responsible for the case. The prosecuting
attorney, the juvenile, or the administrator may apply for a
hearing on this application. If no one applies for a hearing,
the trial court shall resolve the application on the written
submission. The rules of evidence do not apply to this hearing.
An appeal of the trial court's ruling on the application is not
allowed. The release of a child described in this subsection
without the express approval of the trial court is punishable by
contempt.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 31, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
908, Sec. 15, eff. September 1, 2007.
SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF
MENTAL ILLNESS OR MENTAL RETARDATION
Sec. 55.51. LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION;
EXAMINATION. (a) A child alleged by petition to have engaged in
delinquent conduct or conduct indicating a need for supervision
is not responsible for the conduct if at the time of the conduct,
as a result of mental illness or mental retardation, the child
lacks substantial capacity either to appreciate the wrongfulness
of the child's conduct or to conform the child's conduct to the
requirements of law.
(b) On a motion by a party in which it is alleged that a child
may not be responsible as a result of mental illness or mental
retardation for the child's conduct, the court shall order the
child to be examined under Section 51.20. The information
obtained from the examinations must include expert opinion as to
whether the child is not responsible for the child's conduct as a
result of mental illness or mental retardation.
(c) The issue of whether the child is not responsible for the
child's conduct as a result of mental illness or mental
retardation shall be tried to the court or jury in the
adjudication hearing.
(d) Lack of responsibility for conduct as a result of mental
illness or mental retardation must be proved by a preponderance
of the evidence.
(e) In its findings or verdict the court or jury must state
whether the child is not responsible for the child's conduct as a
result of mental illness or mental retardation.
(f) If the court or jury finds the child is not responsible for
the child's conduct as a result of mental illness or mental
retardation, the court shall proceed under Section 55.52.
(g) A child found to be not responsible for the child's conduct
as a result of mental illness or mental retardation shall not be
subject to proceedings under this title with respect to such
conduct, other than proceedings under Section 55.52.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1,
1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May
31, 1995. Renumbered from Family Code Sec. 55.05 and amended by
Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that
a child is not responsible for the child's conduct under Section
55.51, the court shall:
(1) if the lack of responsibility is a result of mental illness
or mental retardation:
(A) provided that the child meets the commitment criteria under
Subtitle C or D, Title 7, Health and Safety Code, order the child
placed with the Texas Department of Mental Health and Mental
Retardation for a period of not more than 90 days, which order
may not specify a shorter period, for placement in a facility
designated by the department; or
(B) on application by the child's parent, guardian, or guardian
ad litem, order the child placed in a private psychiatric
inpatient facility for a period of not more than 90 days, which
order may not specify a shorter period, but only if the placement
is agreed to in writing by the administrator of the facility; or
(2) if the child's lack of responsibility is a result of mental
illness and the court determines that the child may be adequately
treated in an alternative setting, order the child to receive
treatment on an outpatient basis for a period of not more than 90
days, which order may not specify a shorter period.
(b) If the court orders a child placed in a private psychiatric
inpatient facility under Subsection (a)(1)(B), the state or a
political subdivision of the state may be ordered to pay any
costs associated with the child's placement, subject to an
express appropriation of funds for the purpose.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. (a) If the
court issues a placement order under Section 55.52(a)(1), the
court shall order the probation department or sheriff's
department to transport the child to the designated facility.
(b) On receipt of a report from a facility to which a child has
been transported under Subsection (a), the court shall order the
probation department or sheriff's department to transport the
child from the facility to the court. If the child is not
transported to the court before the 11th day after the date of
the court's order, an authorized representative of the facility
shall transport the child from the facility to the court.
(c) The county in which the juvenile court is located shall
reimburse the facility for the costs incurred in transporting the
child to the juvenile court as required by Subsection (b).
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY; REPORT
TO COURT. (a) If the juvenile court issues a placement order
under Section 55.52(a), the court shall order the probation
department to send copies of any information in the possession of
the department and relevant to the issue of the child's mental
illness or mental retardation to the public or private facility
or outpatient center, as appropriate.
(b) Not later than the 75th day after the date the court issues
a placement order under Section 55.52(a), the public or private
facility or outpatient center, as appropriate, shall submit to
the court a report that:
(1) describes the treatment of the child provided by the
facility or center; and
(2) states the opinion of the director of the facility or center
as to whether the child is mentally ill or mentally retarded.
(c) The court shall send a copy of the report submitted under
Subsection (b) to the prosecuting attorney and the attorney for
the child.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.55. REPORT THAT CHILD IS NOT MENTALLY ILL OR MENTALLY
RETARDED; HEARING ON OBJECTION. (a) If a report submitted under
Section 55.54(b) states that a child does not have a mental
illness or mental retardation, the juvenile court shall discharge
the child unless:
(1) an adjudication hearing was conducted concerning conduct
that included a violation of a penal law listed in Section
53.045(a) and a petition was approved by a grand jury under
Section 53.045; and
(2) the prosecuting attorney objects in writing not later than
the second day after the date the attorney receives a copy of the
report under Section 55.54(c).
(b) On objection by the prosecuting attorney under Subsection
(a), the juvenile court shall hold a hearing without a jury to
determine whether the child has a mental illness or mental
retardation and whether the child meets the commitment criteria
for civil commitment under Subtitle C or D, Title 7, Health and
Safety Code.
(c) At the hearing, the burden is on the state to prove by clear
and convincing evidence that the child has a mental illness or
mental retardation and that the child meets the commitment
criteria for civil commitment under Subtitle C or D, Title 7,
Health and Safety Code.
(d) If, after a hearing, the court finds that the child does not
have a mental illness or mental retardation and that the child
does not meet the commitment criteria under Subtitle C or D,
Title 7, Health and Safety Code, the court shall discharge the
child.
(e) If, after a hearing, the court finds that the child has a
mental illness or mental retardation and that the child meets the
commitment criteria under Subtitle C or D, Title 7, Health and
Safety Code, the court shall issue an appropriate commitment
order.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION OF
COMMITMENT PROCEEDINGS. If a report submitted under Section
55.54(b) states that a child has a mental illness and that the
child meets the commitment criteria for civil commitment under
Subtitle C, Title 7, Health and Safety Code, the director of the
public or private facility or outpatient center, as appropriate,
shall submit to the court two certificates of medical examination
for mental illness. On receipt of the certificates, the court
shall:
(1) initiate proceedings as provided by Section 55.57 in the
juvenile court for commitment of the child under Subtitle C,
Title 7, Health and Safety Code; or
(2) refer the child's case as provided by Section 55.58 to the
appropriate court for the initiation of proceedings in that court
for commitment of the child under Subtitle C, Title 7, Health and
Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.57. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
ILLNESS. (a) If the juvenile court initiates commitment
proceedings under Section 55.56(1), the prosecuting attorney may
file with the juvenile court an application for court-ordered
mental health services under Section 574.001, Health and Safety
Code. The juvenile court shall:
(1) set a date for a hearing and provide notice as required by
Sections 574.005 and 574.006, Health and Safety Code; and
(2) conduct the hearing in accordance with Subchapter C, Chapter
574, Health and Safety Code.
(b) After conducting a hearing under Subsection (a)(2), the
juvenile court shall:
(1) if the criteria under Section 574.034, Health and Safety
Code, are satisfied, order temporary mental health services; or
(2) if the criteria under Section 574.035, Health and Safety
Code, are satisfied, order extended mental health services.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.58. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
ILLNESS. (a) If the juvenile court refers the child's case to
an appropriate court for the initiation of commitment proceedings
under Section 55.56(2), the juvenile court shall:
(1) send all papers relating to the child's mental illness,
including the verdict and judgment of the juvenile court finding
that the child was not responsible for the child's conduct, to
the clerk of the court to which the case is referred;
(2) send to the office of the appropriate county attorney or, if
a county attorney is not available, to the office of the district
attorney, copies of all papers sent to the clerk of the court
under Subdivision (1); and
(3) if the child is in detention:
(A) order the child released from detention to the child's home
or another appropriate place;
(B) order the child detained in an appropriate place other than
a juvenile detention facility; or
(C) if an appropriate place to release or detain the child as
described by Paragraph (A) or (B) is not available, order the
child to remain in the juvenile detention facility subject to
further detention orders of the court.
(b) The papers sent to a court under Subsection (a)(1)
constitute an application for mental health services under
Section 574.001, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.59. REPORT THAT CHILD HAS MENTAL RETARDATION; INITIATION
OF COMMITMENT PROCEEDINGS. If a report submitted under Section
55.54(b) states that a child has mental retardation and that the
child meets the commitment criteria for civil commitment under
Subtitle D, Title 7, Health and Safety Code, the director of the
residential care facility shall submit to the court an affidavit
stating the conclusions reached as a result of the diagnosis. On
receipt of an affidavit, the juvenile court shall:
(1) initiate proceedings in the juvenile court as provided by
Section 55.60 for commitment of the child under Subtitle D, Title
7, Health and Safety Code; or
(2) refer the child's case to the appropriate court as provided
by Section 55.61 for the initiation of proceedings in that court
for commitment of the child under Subtitle D, Title 7, Health and
Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
RETARDATION. (a) If the juvenile court initiates commitment
proceedings under Section 55.59(1), the prosecuting attorney may
file with the juvenile court an application for placement under
Section 593.041, Health and Safety Code. The juvenile court
shall:
(1) set a date for a hearing and provide notice as required by
Sections 593.047 and 593.048, Health and Safety Code; and
(2) conduct the hearing in accordance with Sections
593.049-593.056, Health and Safety Code.
(b) After conducting a hearing under Subsection (a)(2), the
juvenile court may order commitment of the child to a residential
care facility only if the commitment criteria under Section
593.052, Health and Safety Code, are satisfied.
(c) On receipt of the court's order, the Texas Department of
Mental Health and Mental Retardation or the appropriate community
center shall admit the child to a residential care facility.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 32, eff.
Sept. 1, 2001.
Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
RETARDATION. (a) If the juvenile court refers the child's case
to an appropriate court for the initiation of commitment
proceedings under Section 55.59(2), the juvenile court shall:
(1) send all papers relating to the child's mental retardation
to the clerk of the court to which the case is referred;
(2) send to the office of the appropriate county attorney or, if
a county attorney is not available, to the office of the
appropriate district attorney, copies of all papers sent to the
clerk of the court under Subdivision (1); and
(3) if the child is in detention:
(A) order the child released from detention to the child's home
or another appropriate place;
(B) order the child detained in an appropriate place other than
a juvenile detention facility; or
(C) if an appropriate place to release or detain the child as
described by Paragraph (A) or (B) is not available, order the
child to remain in the juvenile detention facility subject to
further detention orders of the court.
(b) The papers sent to a court under Subsection (a)(1)
constitute an application for placement under Section 593.041,
Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1,
1999.
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