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.