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A BILL TO BE ENTITLED
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AN ACT
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relating to services for children who are unfit or lack |
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responsibility to proceed in juvenile court proceedings as a result |
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of intellectual disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.33, Family Code, is amended to read as |
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follows: |
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Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO |
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PROCEED. (a) If the juvenile court or jury determines under |
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Section 55.32 that a child is unfit as a result of mental illness or |
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an intellectual disability to proceed with the juvenile court |
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proceedings for delinquent conduct, the court shall: |
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(1) [if the unfitness to proceed is a result of mental |
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illness or an intellectual disability: |
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[(A)] provided that the child meets the |
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commitment criteria under Subtitle C or D, Title 7, Health and |
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Safety Code, order the child placed with the Department of State |
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Health Services or the Department of Aging and Disability Services, |
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as appropriate, for a period of not more than 90 days, which order |
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may not specify a shorter period, for placement in a facility |
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designated by the department; [or] |
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(2) [(B)] on application by the child's parent, |
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guardian, or guardian ad litem, order the child placed in a private |
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psychiatric inpatient facility for a period of not more than 90 |
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days, which order may not specify a shorter period, but only if: |
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(A) the unfitness to proceed is a result of |
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mental illness; and |
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(B) the placement is agreed to in writing by the |
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administrator of the facility; or |
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(3) subject to Subsection (c), [(2)] if [the unfitness |
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to proceed is a result of mental illness and] the court determines |
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that the child may be adequately treated or served in an alternative |
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setting, order the child to receive treatment for mental illness or |
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services for the child's intellectual disability, as appropriate, |
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on an outpatient basis for a period of not more than 90 days, which |
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order may not specify a shorter period. |
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(b) If the court orders a child placed in a private |
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psychiatric inpatient facility under Subsection (a)(2) |
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[(a)(1)(B)], the state or a political subdivision of the state may |
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be ordered to pay any costs associated with the child's placement, |
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subject to an express appropriation of funds for the purpose. |
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(c) Before issuing an order described by Subsection (a)(3), |
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the court shall consult with the probation department and with |
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local treatment or service providers to determine the appropriate |
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treatment or services for the child. |
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SECTION 2. Section 55.34(a), Family Code, is amended to |
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read as follows: |
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(a) If the court issues a placement order under Section |
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55.33(a)(1) or (2), the court shall order the probation department |
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or sheriff's department to transport the child to the designated |
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facility. |
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SECTION 3. Section 55.35(b), Family Code, is amended to |
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read as follows: |
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(b) Not later than the 75th day after the date the court |
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issues a placement order under Section 55.33(a), the public or |
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private facility or outpatient center, as appropriate, shall submit |
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to the court a report that: |
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(1) describes the treatment or services provided to |
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[of] the child [provided] by the facility or center; and |
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(2) states the opinion of the director of the facility |
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or center as to whether the child is fit or unfit to proceed. |
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SECTION 4. Section 55.43(a), Family Code, is amended to |
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read as follows: |
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(a) The prosecuting attorney may file with the juvenile |
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court a motion for a restoration hearing concerning a child if: |
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(1) the child is found unfit to proceed as a result of |
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mental illness or an intellectual disability; and |
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(2) the child: |
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(A) is not: |
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(i) ordered by a court to receive inpatient |
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mental health or intellectual disability services; |
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(ii) committed by a court to a residential |
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care facility; or |
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(iii) ordered by a court to receive |
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treatment or services on an outpatient basis; or |
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(B) is discharged or currently on furlough from a |
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mental health facility or outpatient center before the child |
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reaches 18 years of age. |
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SECTION 5. Section 55.52, Family Code, is amended to read as |
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follows: |
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Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF |
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RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a |
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child is not responsible for the child's conduct under Section |
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55.51 as a result of mental illness or an intellectual disability, |
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the court shall: |
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(1) [if the lack of responsibility is a result of |
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mental illness or an intellectual disability: |
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[(A)] provided that the child meets the |
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|
commitment criteria under Subtitle C or D, Title 7, Health and |
|
|
Safety Code, order the child placed with the Department of State |
|
|
Health Services or the Department of Aging and Disability Services, |
|
|
as appropriate, 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] |
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|
(2) [(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: |
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|
(A) the child's lack of responsibility is a |
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|
result of mental illness; and |
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|
(B) the placement is agreed to in writing by the |
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|
administrator of the facility; or |
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|
(3) subject to Subsection (c), [(2)] if [the child's |
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lack of responsibility is a result of mental illness and] the court |
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|
determines that the child may be adequately treated or served in an |
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|
alternative setting, order the child to receive treatment for |
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|
mental illness or services for the child's intellectual disability, |
|
|
as appropriate, on an outpatient basis for a period of not more than |
|
|
90 days, which order may not specify a shorter period. |
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|
(b) If the court orders a child placed in a private |
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|
psychiatric inpatient facility under Subsection (a)(2) |
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[(a)(1)(B)], the state or a political subdivision of the state may |
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|
be ordered to pay any costs associated with the child's placement, |
|
|
subject to an express appropriation of funds for the purpose. |
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|
(c) Before issuing an order described by Subsection (a)(3), |
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the court shall consult with the probation department and with |
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|
local treatment or service providers to determine the appropriate |
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treatment or services for the child. |
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SECTION 6. Section 55.53(a), Family Code, is amended to |
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read as follows: |
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(a) If the court issues a placement order under Section |
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55.52(a)(1) or (2), the court shall order the probation department |
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or sheriff's department to transport the child to the designated |
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facility. |
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SECTION 7. Section 55.54(b), Family Code, is amended to |
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read as follows: |
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(b) Not later than the 75th day after the date the court |
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issues a placement order under Section 55.52(a), the public or |
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|
private facility or outpatient center, as appropriate, shall submit |
|
|
to the court a report that: |
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|
(1) describes the treatment or services provided to |
|
|
[of] the child [provided] by the facility or center; and |
|
|
(2) states the opinion of the director of the facility |
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or center as to whether the child has a mental illness or an |
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intellectual disability. |
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SECTION 8. This Act takes effect September 1, 2021. |