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A BILL TO BE ENTITLED
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AN ACT
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relating to certain proceedings in juvenile court for children with |
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mental illness and intellectual disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.20(a), (b), (c), and (d), Family |
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Code, are amended to read as follows: |
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(a) At any stage of the proceedings under this title, |
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including when a child is initially detained in a pre-adjudication |
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secure detention facility or a post-adjudication secure |
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correctional facility, the juvenile court may, at its discretion or |
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at the request of the child's parent or guardian, order a child who |
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is referred to the juvenile court or who is alleged by a petition or |
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found to have engaged in delinquent conduct or conduct indicating a |
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need for supervision to be examined by a disinterested expert, |
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including a physician, psychiatrist, or psychologist, qualified by |
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education and clinical training in mental health or intellectual |
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disability [mental retardation] and experienced in forensic |
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evaluation, to determine whether the child has a mental illness as |
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defined by Section 571.003, Health and Safety Code, is a person with |
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an intellectual disability [mental retardation] as defined by |
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Section 591.003, Health and Safety Code, or suffers from chemical |
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dependency as defined by Section 464.001, Health and Safety |
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Code. [If the examination is to include a determination of the |
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child's fitness to proceed, an expert may be appointed to conduct |
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the examination only if the expert is qualified under Subchapter B, |
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Chapter 46B, Code of Criminal Procedure, to examine a defendant in a |
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criminal case, and the examination and the report resulting from an |
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examination under this subsection must comply with the requirements |
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under Subchapter B, Chapter 46B, Code of Criminal Procedure, for |
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the examination and resulting report of a defendant in a criminal |
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case.] |
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(b) If, after conducting an examination of a child ordered |
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under Subsection (a) and reviewing any other relevant information, |
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there is reason to believe that the child has a mental illness or |
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intellectual disability [mental retardation] or suffers from |
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chemical dependency, the probation department shall refer the child |
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to the local mental health [or mental retardation] authority, to |
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the local intellectual and developmental disability authority, or |
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to another appropriate and legally authorized agency or provider |
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for evaluation and services, unless the prosecuting attorney has |
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filed a petition under Section 53.04. |
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(c) If, while a child is under deferred prosecution |
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supervision or court-ordered probation, a qualified professional |
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determines that the child has a mental illness or intellectual |
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disability [mental retardation] or suffers from chemical |
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dependency and the child is not currently receiving treatment |
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services for the mental illness, intellectual disability [mental |
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retardation], or chemical dependency, the probation department |
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shall refer the child to the local mental health [or mental |
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retardation] authority, to the local intellectual and |
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developmental disability authority, or to another appropriate and |
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legally authorized agency or provider for evaluation and services. |
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(d) A probation department shall report each referral of a |
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child to a local mental health [or mental retardation] authority, |
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to a local intellectual and developmental disability authority, or |
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to another agency or provider made under Subsection (b) or (c) to |
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the Texas Juvenile Justice Department in a format specified by the |
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department. |
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SECTION 2. Subchapter A, Chapter 55, Family Code, is |
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amended to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 55.01. DEFINITIONS [MEANING OF "HAVING A MENTAL |
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ILLNESS"]. In [For purposes of] this chapter: |
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(1) "Adaptive behavior" and "intellectual disability" |
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have the meanings assigned by Section 591.003, Health and Safety |
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Code. |
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(2) "Child with an intellectual disability" means a |
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child determined by a physician or psychologist licensed in this |
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state to have subaverage general intellectual functioning with |
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deficits in adaptive behavior. |
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(3) "Child with mental illness" [, a child who is |
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described as having a mental illness] means a child determined by a |
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physician or psychologist licensed in this state to have [with] a |
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mental illness. |
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(4) "Interdisciplinary team" means a group of |
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intellectual disability professionals and paraprofessionals who |
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assess the treatment, training, and habilitation needs of a person |
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with an intellectual disability and make recommendations for |
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services for that person. |
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(5) "Least restrictive appropriate setting" means the |
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treatment or service setting closest to the child's home that |
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provides the child with the greatest probability of improvement and |
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is no more restrictive of the child's physical or social liberties |
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than is necessary to provide the child with the most effective |
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treatment or services and to protect adequately against any danger |
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the child poses to self or others. |
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(6) "Mental illness" has the meaning assigned by |
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Section 571.003, Health and Safety Code. |
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(7) "Restoration classes" means curriculum-based |
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educational sessions a child attends to assist in restoring the |
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child's fitness to proceed, including the child's capacity to |
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understand the proceedings in juvenile court and to assist in the |
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child's own defense. |
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(8) "Subaverage general intellectual functioning" |
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means intelligence that is measured on standardized psychometric |
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instruments of two or more standard deviations below the age-group |
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mean for the instruments used [as defined by Section 571.003, |
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Health and Safety Code]. |
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Sec. 55.02. MENTAL HEALTH AND INTELLECTUAL DISABILITY |
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JURISDICTION. For the purpose of initiating proceedings to order |
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mental health or intellectual disability services for a child [or |
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for commitment of a child] as provided by this chapter, the juvenile |
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court has jurisdiction of proceedings under Subtitle C or D, Title |
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7, Health and Safety Code. |
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Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by |
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this chapter, a child for whom inpatient or outpatient mental |
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health services are [is] ordered by a court under this chapter shall |
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be cared for as provided by Subtitle C, Title 7, Health and Safety |
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Code. |
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(b) Except as provided by this chapter, a child who is |
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ordered [committed] by a court to a residential care facility due to |
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an intellectual disability shall be cared for as provided by |
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Subtitle D, Title 7, Health and Safety Code. |
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Sec. 55.04. FORENSIC MENTAL EXAMINATION. (a) In this |
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section, "forensic mental examination" means an examination by a |
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disinterested physician or psychologist to determine if a child who |
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is alleged by petition or found to have engaged in delinquent |
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conduct or conduct indicating a need for supervision is a child with |
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mental illness, is unfit to proceed in juvenile court due to mental |
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illness or an intellectual disability, or lacks responsibility for |
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conduct due to mental illness or an intellectual disability. |
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(b) A juvenile court may order a forensic mental examination |
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if the court determines that probable cause exists to believe that a |
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child who is alleged by petition or found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision is |
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a child with mental illness, is unfit to proceed in juvenile court |
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due to mental illness or an intellectual disability, or lacks |
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responsibility for conduct due to mental illness or an intellectual |
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disability. |
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(c) To qualify for appointment as an expert under this |
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chapter, a physician or psychologist must: |
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(1) as appropriate, be a physician licensed in this |
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state or be a psychologist licensed in this state who has a doctoral |
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degree in psychology; and |
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(2) have the following certification or training: |
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(A) as appropriate, certification by: |
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(i) the American Board of Psychiatry and |
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Neurology with added or special qualifications in forensic |
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psychiatry; or |
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(ii) the American Board of Professional |
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Psychology in forensic psychology; or |
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(B) training consisting of: |
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(i) at least 24 hours of specialized |
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forensic training relating to incompetency, fitness to proceed, |
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lack of responsibility for conduct, or insanity evaluations; and |
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(ii) at least eight hours of continuing |
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education relating to forensic evaluations, completed in the 12 |
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months preceding the date of the appointment. |
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(d) In addition to meeting the qualifications required by |
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Subsection (c), to be appointed as an expert, a physician or |
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psychologist must have completed six hours of required continuing |
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education in courses in forensic psychiatry or psychology, as |
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appropriate, in the 24 months preceding the appointment. |
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(e) A court may appoint as an expert a physician or |
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psychologist who does not meet the requirements of Subsections (c) |
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and (d) only if the court determines that exigent circumstances |
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require the court to appoint an expert with specialized expertise |
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to examine the child that is not ordinarily possessed by a physician |
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or psychologist who meets the requirements of Subsections (c) and |
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(d). |
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Sec. 55.05. CRITERIA FOR COURT-ORDERED MENTAL HEALTH |
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SERVICES FOR CHILD. (a) A juvenile court may order a child who is |
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subject to the jurisdiction of the juvenile court to receive |
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temporary inpatient mental health services only if the court finds, |
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from clear and convincing evidence, that: |
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(1) the child is a child with mental illness; and |
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(2) as a result of that mental illness, the child: |
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(A) is likely to cause serious harm to the |
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child's self; |
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(B) is likely to cause serious harm to others; or |
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(C) is: |
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(i) suffering severe and abnormal mental, |
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emotional, or physical distress; |
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(ii) experiencing substantial mental or |
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physical deterioration of the child's ability to function |
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independently; and |
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(iii) unable to make a rational and |
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informed decision as to whether to submit to treatment or is |
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unwilling to submit to treatment. |
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(b) A juvenile court may order a child who is subject to the |
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jurisdiction of the juvenile court to receive temporary outpatient |
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mental health services only if the court finds: |
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(1) that appropriate mental health services are |
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available to the child; and |
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(2) clear and convincing evidence that: |
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(A) the child is a child with severe and |
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persistent mental illness; |
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(B) as a result of the mental illness, the child |
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will, if not treated, experience deterioration of the ability to |
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function independently to the extent that the child will be unable |
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to live safely in the community without court-ordered outpatient |
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mental health services; |
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(C) outpatient mental health services are needed |
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to prevent a relapse that would likely result in serious harm to the |
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child or others; and |
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(D) the child has an inability to effectively and |
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voluntarily participate in outpatient treatment services, |
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demonstrated by: |
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(i) any of the child's actions occurring |
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within the two-year period preceding the date of the hearing; or |
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(ii) specific characteristics of the |
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child's clinical condition that significantly impair the child's |
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ability to make a rational and informed decision as to whether to |
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submit to voluntary outpatient treatment. |
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(c) A juvenile court may order a child who is subject to the |
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jurisdiction of the juvenile court to receive extended inpatient |
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mental health services only if the court finds, from clear and |
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convincing evidence, that, in addition to the findings in |
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Subsection (a): |
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(1) the child's condition is expected to continue for |
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more than 90 days; and |
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(2) the child has received court-ordered inpatient |
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mental health services under this chapter or under Chapter 574, |
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Health and Safety Code, for at least 60 consecutive days during the |
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preceding 12 months. |
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(d) A juvenile court may order a child who is subject to the |
|
jurisdiction of the juvenile court to receive extended outpatient |
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mental health services only if, in addition to the findings in |
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Subsection (b): |
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(1) the child's condition is expected to continue for |
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more than 90 days; and |
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(2) the child has received: |
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(A) court-ordered inpatient mental health |
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services under this chapter or under Chapter 574, Health and Safety |
|
Code, for at least 60 consecutive days during the preceding 12 |
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months; or |
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(B) court-ordered outpatient mental health |
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services under this chapter or under Chapter 574, Health and Safety |
|
Code, during the preceding 60 days. |
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Sec. 55.06. CRITERIA FOR COURT-ORDERED RESIDENTIAL |
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INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be |
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court-ordered to receive services at a residential care facility |
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unless: |
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(1) the child is a child with an intellectual |
|
disability; |
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(2) evidence is presented showing that because of the |
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child's intellectual disability, the child: |
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(A) represents a substantial risk of physical |
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impairment or injury to the child or others; or |
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(B) is unable to provide for and is not providing |
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for the child's most basic personal physical needs; |
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(3) the child cannot be adequately and appropriately |
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habilitated in an available, less restrictive setting; |
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(4) the residential care facility provides |
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habilitative services, care, training, and treatment appropriate |
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to the child's needs; and |
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(5) an interdisciplinary team recommends placement in |
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the residential care facility. |
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SECTION 3. The heading to Subchapter B, Chapter 55, Family |
|
Code, is amended to read as follows: |
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SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH |
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MENTAL ILLNESS |
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SECTION 4. Sections 55.11(b) and (c), Family Code, are |
|
amended to read as follows: |
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(b) If the court determines that probable cause exists to |
|
believe that the child is a child with [has a] mental illness, the |
|
court shall temporarily stay the juvenile court proceedings and |
|
immediately order the child to be examined under Section 55.04 |
|
[51.20]. The information obtained from the examination must |
|
include expert opinion as to: |
|
(1) whether the child is a child with [has a] mental |
|
illness; [and] |
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(2) whether the child meets the [commitment] criteria |
|
for court-ordered mental health services under Section 55.05 for: |
|
(A) temporary inpatient mental health services; |
|
(B) temporary outpatient mental health services; |
|
(C) extended inpatient mental health services; |
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or |
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(D) extended outpatient mental health services; |
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and |
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(3) if applicable, the specific criteria the child |
|
meets under Subdivision (2) [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 55.04 |
|
[51.20], the court shall: |
|
(1) proceed under Section 55.12 if the court |
|
determines that evidence exists to support a finding that the child |
|
is a child with [has a] mental illness and that the child meets the |
|
[commitment] criteria for court-ordered mental health services |
|
under Section 55.05 [Subtitle C, Title 7, Health and Safety Code, |
|
proceed under Section 55.12]; or |
|
(2) dissolve the stay and continue the juvenile court |
|
proceedings if the court determines that evidence does not exist to |
|
support a finding that the child is a child with [has a] mental |
|
illness or that the child meets the [commitment] criteria for |
|
court-ordered mental health services under Section 55.05 [Subtitle |
|
C, Title 7, Health and Safety Code, dissolve the stay and continue |
|
the juvenile court proceedings]. |
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SECTION 5. Sections 55.12, 55.15, 55.16, 55.17, 55.18, and |
|
55.19, Family Code, are amended to read as follows: |
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Sec. 55.12. INITIATION OF [COMMITMENT] PROCEEDINGS FOR |
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COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all |
|
relevant information, the juvenile court determines that evidence |
|
exists to support a finding that a child is a child with [has a] |
|
mental illness and that the child meets the [commitment] criteria |
|
for court-ordered mental health services under Section 55.05 [under |
|
Subtitle C, Title 7, Health and Safety Code], the court shall: |
|
(1) initiate proceedings as provided by Section 55.65 |
|
[55.13] to order temporary or extended mental health services, as |
|
provided in this chapter and Subchapter C, Chapter 574, Health and |
|
Safety Code; or |
|
(2) refer the child's case as provided by Section 55.68 |
|
[55.14] to the appropriate court for the initiation of proceedings |
|
in that court to order temporary or extended mental health services |
|
for [commitment of] the child under this chapter and Subchapter C, |
|
Chapter 574, Health and Safety Code. |
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Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER |
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FOR MENTAL HEALTH SERVICES. Treatment ordered under this |
|
subchapter for a child with mental illness must focus on the |
|
stabilization of the child's mental illness and on meeting the |
|
child's psychiatric needs in the least restrictive appropriate |
|
setting. 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. |
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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. |
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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. |
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Sec. 55.18. DISCHARGE FROM COURT-ORDERED INPATIENT OR |
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OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18 |
|
YEARS OF AGE. If the child is discharged from the mental health |
|
facility or from outpatient treatment services before reaching 18 |
|
years of age, the juvenile court may: |
|
(1) dismiss the juvenile court proceedings with |
|
prejudice; or |
|
(2) dissolve the stay and continue with proceedings |
|
under this title as though no order of mental health services had |
|
been made. |
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Sec. 55.19. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON |
|
18TH BIRTHDAY. (a) The juvenile court may waive its exclusive |
|
original jurisdiction and [shall] transfer all pending proceedings |
|
from the juvenile court to a criminal court on or after the 18th |
|
birthday of a child for whom the juvenile court or a court to which |
|
the child's case was [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) A court conducting a waiver of jurisdiction and |
|
discretionary transfer hearing under this section shall conduct the |
|
hearing according to Sections 54.02(j), (k), and (l). |
|
(c) If after the hearing the juvenile court waives its |
|
jurisdiction and transfers the person to criminal court, the [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. |
|
SECTION 6. Section 55.31, Family Code, is amended by |
|
amending Subsections (c) and (d) and adding Subsections (e) and (f) |
|
to read as follows: |
|
(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 55.04 [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 an intellectual disability]. |
|
(d) During an examination ordered under this section, and in |
|
any report based on that examination, an expert shall consider, in |
|
addition to other issues determined relevant by the expert: |
|
(1) whether the child, as supported by current |
|
indications and the child's personal history: |
|
(A) is a child with mental illness; or |
|
(B) is a child with an intellectual disability; |
|
(2) the child's capacity to: |
|
(A) appreciate the allegations against the |
|
child; |
|
(B) appreciate the range and nature of allowable |
|
dispositions that may be imposed in the proceedings against the |
|
child; |
|
(C) understand the roles of the participants and |
|
the adversarial nature of the legal process; |
|
(D) display appropriate courtroom behavior; and |
|
(E) testify relevantly; and |
|
(3) the degree of impairment resulting from the |
|
child's mental illness or intellectual disability and the specific |
|
impact on the child's capacity to engage with counsel in a |
|
reasonable and rational manner. |
|
(e) An expert's report to the court must state an opinion on |
|
the child's fitness to proceed or explain why the expert is unable |
|
to state that opinion and include: |
|
(1) the child's history and current status regarding |
|
any possible mental illness or intellectual disability; |
|
(2) the child's developmental history as it relates to |
|
any possible mental illness or intellectual disability; |
|
(3) the child's functional abilities related to |
|
fitness to stand trial; |
|
(4) the relationship between deficits in the child's |
|
functional abilities related to fitness to proceed and any mental |
|
illness or intellectual disability; and |
|
(5) if the expert believes the child is in need of |
|
remediation or restoration services, a discussion of: |
|
(A) whether the child's abilities are likely to |
|
be remediated or restored within the period described by Section |
|
55.33(a)(1), (2), or (3); |
|
(B) whether the child may be adequately treated |
|
in an alternative setting; |
|
(C) any recommended interventions to aid in the |
|
remediation or restoration of the child's fitness; |
|
(D) whether the child meets criteria for |
|
court-ordered treatment or services under Section 55.05 or 55.06; |
|
and |
|
(E) if applicable, the specific criteria the |
|
child meets under Paragraph (D). |
|
(f) [(d)] After considering all relevant information, |
|
including information obtained from an examination under Section |
|
55.04 [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. |
|
SECTION 7. Sections 55.33 and 55.35, Family Code, are |
|
amended to read as follows: |
|
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 as a result of mental illness or |
|
an intellectual disability to proceed with the juvenile court |
|
proceedings for delinquent conduct, the court shall: |
|
(1) provided that the child meets the inpatient mental |
|
health services or residential intellectual disability services |
|
[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or |
|
D, Title 7, Health and Safety Code], order the child placed with the |
|
Health and Human Services Commission [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 commission [department]; |
|
(2) on application by the child's parent, guardian, or |
|
guardian ad litem, order the child placed in a private psychiatric |
|
inpatient facility or residential care facility for a period of not |
|
more than 90 days, which order may not specify a shorter period, but |
|
only if: |
|
(A) the unfitness to proceed is a result of |
|
mental illness or an intellectual disability; and |
|
(B) the placement is agreed to in writing by the |
|
administrator of the facility; or |
|
(3) subject to Subsection (d) [(c)], if the court |
|
determines that the child may be adequately treated or served in an |
|
alternative setting and finds that the child does not meet criteria |
|
for court-ordered inpatient mental health services or residential |
|
intellectual disability services under Section 55.05 or 55.06, |
|
order the child to receive treatment for 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, with the |
|
possibility of extension as ordered by the court [which order may |
|
not specify a shorter period]. |
|
(b) If a child receives treatment for mental illness or |
|
services for the child's intellectual disability on an outpatient |
|
basis in an alternative setting under Subsection (a)(3), juvenile |
|
probation departments may provide restoration classes in |
|
collaboration with the outpatient alternative setting. |
|
(c) If the court orders a child placed in a private |
|
psychiatric inpatient facility or residential care facility under |
|
Subsection (a)(2) or in an alternative setting under Subsection |
|
(a)(3), the state or a political subdivision of the state may be |
|
ordered to pay any costs associated with the ordered services |
|
[child's placement], subject to an express appropriation of funds |
|
for the purpose. |
|
(d) [(c)] Before issuing an order described by Subsection |
|
(a)(3), the court shall consult with the local juvenile probation |
|
department, [and] with local treatment or service providers, with |
|
the local mental health authority, and with the local intellectual |
|
and developmental disability authority to determine the |
|
appropriate treatment or services and restoration classes for the |
|
child. |
|
Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY OR |
|
ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court |
|
issues an [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 intellectual disability to |
|
the public or private facility or outpatient alternative setting |
|
[center], as appropriate. |
|
(b) Not later than the 75th day after the date the court |
|
issues an [a placement] order under Section 55.33(a), the public or |
|
private facility or outpatient alternative setting [center], as |
|
appropriate, shall submit to the court a report that: |
|
(1) describes the treatment or services provided to |
|
the child by the facility or alternative setting [center]; and |
|
(2) states the opinion of the director of the facility |
|
or alternative setting [center] as to whether the child is fit or |
|
unfit to proceed. |
|
(c) If the report under Subsection (b) states that the child |
|
is unfit to proceed, the report must also include an opinion and the |
|
reasons for that opinion as to whether the child meets the criteria |
|
for court-ordered mental health services or court-ordered |
|
intellectual disability services under Section 55.05 or 55.06. |
|
(d) The report of an outpatient alternative setting |
|
collaborating with a juvenile probation department to provide |
|
restoration classes must include any information provided by the |
|
juvenile probation department regarding the child's assessment at |
|
the conclusion of the restoration classes. |
|
(e) The court shall provide a copy of the report submitted |
|
under Subsection (b) to the prosecuting attorney and the attorney |
|
for the child. |
|
SECTION 8. Section 55.36(d), Family Code, is amended to |
|
read as follows: |
|
(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 or 55.40, as appropriate. |
|
SECTION 9. Sections 55.37 and 55.40, Family Code, are |
|
amended to read as follows: |
|
Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A |
|
RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS |
|
FOR COURT-ORDERED MENTAL HEALTH SERVICES. 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 court-ordered mental health services under Section |
|
55.05 [civil commitment under Subtitle C, Title 7, Health and |
|
Safety Code], the director of the public or private facility or |
|
outpatient alternative setting [center], as appropriate, shall |
|
submit to the court two certificates of medical examination for |
|
mental illness, as described by Subchapter A, Chapter 574, Health |
|
and Safety Code. On receipt of the certificates, the court shall: |
|
(1) initiate proceedings as provided by Section 55.66 |
|
for temporary or extended mental health services, as provided by |
|
this chapter and Subchapter C, Chapter 574, [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 55.68 |
|
[55.39] to the appropriate court for the initiation of proceedings |
|
in that court for temporary or extended mental health services for |
|
[commitment of] the child under this chapter and Subchapter C, |
|
Chapter 574, [Subtitle C, Title 7,] Health and Safety Code. |
|
Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A |
|
RESULT OF INTELLECTUAL DISABILITY. If a report submitted under |
|
Section 55.35(b) states that a child is unfit to proceed as a result |
|
of an intellectual disability and that the child meets the |
|
[commitment] criteria for court-ordered residential intellectual |
|
disability services under Section 55.06 [civil commitment under |
|
Subtitle D, Title 7, Health and Safety Code], the director of the |
|
residential care facility or alternative setting 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 55.67 |
|
[55.41] in the juvenile court for court-ordered residential |
|
intellectual disability services 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 55.68 |
|
[55.42] to the appropriate court for the initiation of proceedings |
|
in that court for court-ordered residential intellectual |
|
disability services for [commitment of] the child under Subtitle D, |
|
Title 7, Health and Safety Code. |
|
SECTION 10. Section 55.43(a), Family Code, is amended to |
|
read as follows: |
|
(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 an intellectual disability; and |
|
(2) the child: |
|
(A) is not: |
|
(i) ordered by a court to receive inpatient |
|
mental health or intellectual disability services; |
|
(ii) ordered [committed] by a court to |
|
receive services at a residential care facility; or |
|
(iii) ordered by a court to receive |
|
treatment or services on an outpatient basis; or |
|
(B) is discharged or currently on furlough from a |
|
mental health facility or discharged from an alternative setting |
|
[outpatient center] before the child reaches 18 years of age. |
|
SECTION 11. Section 55.44, Family Code, is amended to read |
|
as follows: |
|
Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON |
|
18TH BIRTHDAY OF CHILD. (a) The juvenile court may waive its |
|
exclusive original jurisdiction and [shall] transfer all pending |
|
proceedings from the juvenile court to a criminal court on or after |
|
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 an |
|
intellectual disability 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) A court conducting a waiver of jurisdiction and |
|
discretionary transfer hearing under this section shall conduct the |
|
hearing according to Sections 54.02(j), (k), and (l). |
|
(c) If after the hearing the juvenile court waives its |
|
jurisdiction and transfers the case to criminal court, the [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. |
|
SECTION 12. Sections 55.45(b) and (c), Family Code, are |
|
amended to read as follows: |
|
(b) If the juvenile court or a court to which the child's |
|
case is referred under Section 55.40(2) orders the intellectual |
|
disability services for [commitment of] the child to be provided at |
|
[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 |
|
intellectual disability services for [commitment of] the child or |
|
that referred the case to a court that ordered intellectual |
|
disability services for [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 Article 42A.054, |
|
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 services for |
|
[commitment of] the child or that referred the case to a court that |
|
ordered services for [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. |
|
SECTION 13. Section 55.51(b), Family Code, is amended to |
|
read as follows: |
|
(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 an |
|
intellectual disability for the child's conduct, the court shall |
|
order the child to be examined under Section 55.04 [51.20]. The |
|
information obtained from the examinations must include expert |
|
opinion as to: |
|
(1) whether the child is a child with mental illness or |
|
an intellectual disability; |
|
(2) whether the child is not responsible for the |
|
child's conduct as a result of mental illness or an intellectual |
|
disability; |
|
(3) whether the child meets criteria for court-ordered |
|
mental health or intellectual disability services under Section |
|
55.05 or 55.06; and |
|
(4) if applicable, the specific criteria the child |
|
meets under Subdivision (3). |
|
SECTION 14. Sections 55.52 and 55.54, Family Code, are |
|
amended to read as follows: |
|
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 as a result of mental illness or an intellectual disability, |
|
the court shall: |
|
(1) provided that the child meets the inpatient mental |
|
health services or residential intellectual disability services |
|
[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or |
|
D, Title 7, Health and Safety Code], order the child placed with the |
|
Health and Human Services Commission [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 commission [department]; |
|
(2) on application by the child's parent, guardian, or |
|
guardian ad litem, order the child placed in a private psychiatric |
|
inpatient facility or residential care facility for a period of not |
|
more than 90 days, which order may not specify a shorter period, but |
|
only if: |
|
(A) the child's lack of responsibility is a |
|
result of mental illness or an intellectual disability; and |
|
(B) the placement is agreed to in writing by the |
|
administrator of the facility; or |
|
(3) subject to Subsection (c), if the court determines |
|
that the child may be adequately treated or served in an alternative |
|
setting and finds that the child does not meet criteria for |
|
court-ordered inpatient mental health services or residential |
|
intellectual disability services under Section 55.05 or 55.06, |
|
order the child to receive treatment for 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, with the |
|
possibility of extension as ordered by the court [which order may |
|
not specify a shorter period]. |
|
(b) If the court orders a child placed in a private |
|
psychiatric inpatient facility or residential care facility under |
|
Subsection (a)(2) or in an alternative setting under Subsection |
|
(a)(3), the state or a political subdivision of the state may be |
|
ordered to pay any costs associated with the ordered services |
|
[child's placement], subject to an express appropriation of funds |
|
for the purpose. |
|
(c) Before issuing an order described by Subsection (a)(3), |
|
the court shall consult with the local juvenile probation |
|
department, [and] with local treatment or service providers, with |
|
the local mental health authority, and with the local intellectual |
|
and developmental disability authority to determine the |
|
appropriate treatment or services for the child. |
|
Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY OR |
|
ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court |
|
issues an [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 intellectual disability to |
|
the public or private facility or alternative setting [outpatient |
|
center], as appropriate. |
|
(b) Not later than the 75th day after the date the court |
|
issues an [a placement] order under Section 55.52(a), the public or |
|
private facility or alternative setting [outpatient center], as |
|
appropriate, shall submit to the court a report that: |
|
(1) describes the treatment or services provided to |
|
the child by the facility or alternative setting [center]; and |
|
(2) states the opinion of the director of the facility |
|
or alternative setting [center] as to whether the child is a child |
|
with [has a] mental illness or an intellectual disability. |
|
(c) If the report under Subsection (b) states that the child |
|
is a child with mental illness or an intellectual disability, the |
|
report must include an opinion as to whether the child meets |
|
criteria for court-ordered mental health services or court-ordered |
|
intellectual disability services under Section 55.05 or 55.06. |
|
(d) [(c)] The court shall send a copy of the report |
|
submitted under Subsection (b) to the prosecuting attorney and the |
|
attorney for the child. |
|
SECTION 15. Sections 55.55(b), (c), (d), and (e), Family |
|
Code, are amended to read as follows: |
|
(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 is a child with [has a] mental |
|
illness or an intellectual disability and whether the child meets |
|
the [commitment] criteria for court-ordered mental health services |
|
or court-ordered intellectual disability services [civil |
|
commitment] under Section 55.05 or 55.06 [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 is a child with [has a] |
|
mental illness or an intellectual disability and that the child |
|
meets the [commitment] criteria for court-ordered mental health |
|
services or court-ordered intellectual disability services [civil |
|
commitment] under Section 55.05 or 55.06 [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 an intellectual disability and that the |
|
child does not meet the [commitment] criteria for court-ordered |
|
treatment services under Section 55.05 or 55.06 [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 an intellectual disability and that the child |
|
meets the [commitment] criteria for court-ordered treatment |
|
services under Section 55.05 or 55.06 [Subtitle C or D, Title 7, |
|
Health and Safety Code], the court shall issue an appropriate |
|
[commitment] order for court-ordered mental health services or |
|
court-ordered intellectual disability services. |
|
SECTION 16. Section 55.56, Family Code, is amended to read |
|
as follows: |
|
Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; |
|
INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL |
|
HEALTH SERVICES. If a report submitted under Section 55.54(b) |
|
states that a child is a child with [has a] mental illness and that |
|
the child meets the [commitment] criteria for court-ordered mental |
|
health services [civil commitment] under Section 55.05 [Subtitle C, |
|
Title 7, Health and Safety Code], the director of the public or |
|
private facility or alternative setting [outpatient center], as |
|
appropriate, shall submit to the court two certificates of medical |
|
examination for mental illness, as described by Subchapter A, |
|
Chapter 574, Health and Safety Code. On receipt of the |
|
certificates, the court shall: |
|
(1) initiate proceedings as provided by Section 55.66 |
|
[55.57] in the juvenile court for court-ordered mental health |
|
services 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 55.68 |
|
[55.58] to the appropriate court for the initiation of proceedings |
|
in that court for court-ordered mental health services for |
|
[commitment of] the child under Subtitle C, Title 7, Health and |
|
Safety Code. |
|
SECTION 17. Section 55.59, Family Code, is amended to read |
|
as follows: |
|
Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY; |
|
INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED |
|
RESIDENTIAL INTELLECTUAL DISABILITY SERVICES. If a report |
|
submitted under Section 55.54(b) states that a child is a child with |
|
[has] an intellectual disability and that the child meets the |
|
[commitment] criteria for court-ordered residential intellectual |
|
disability services under Section 55.06 [civil commitment under |
|
Subtitle D, Title 7, Health and Safety Code], the director of the |
|
residential care facility or alternative setting 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 55.67 [55.60] for court-ordered residential |
|
intellectual disability services 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 55.68 [55.61] for the initiation of proceedings |
|
in that court for court-ordered residential intellectual |
|
disability services for [commitment of] the child under Subtitle D, |
|
Title 7, Health and Safety Code. |
|
SECTION 18. Chapter 55, Family Code, is amended by adding |
|
Subchapter E, and a heading is added to that subchapter to read as |
|
follows: |
|
SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR |
|
RESIDENTIAL INTELLECTUAL DISABILITY SERVICES |
|
SECTION 19. Sections 55.13 and 55.14, Family Code, are |
|
transferred to Subchapter E, Chapter 55, Family Code, as added by |
|
this Act, redesignated as Sections 55.65 and 55.68, Family Code, |
|
respectively, and amended to read as follows: |
|
Sec. 55.65 [55.13]. [COMMITMENT] PROCEEDINGS IN JUVENILE |
|
COURT FOR CHILD WITH MENTAL ILLNESS. (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 |
|
Sections [Section] 574.001 and 574.002, 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) direct the local mental health authority to file, |
|
before the date set for the hearing, its recommendation for the |
|
child's proposed treatment, as required by Section 574.012, Health |
|
and Safety Code; |
|
(3) identify the person responsible for court-ordered |
|
outpatient mental health services not later than the third day |
|
before the date set for a hearing that may result in the court |
|
ordering the child to receive court-ordered outpatient mental |
|
health services, as required by Section 574.0125, Health and Safety |
|
Code; |
|
(4) appoint 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; and |
|
(5) 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 and with consideration given to the least restrictive |
|
appropriate setting for treatment of the child and to the parent's, |
|
managing conservator's, or guardian's availability and willingness |
|
to participate in the treatment of the child, the juvenile court |
|
shall: |
|
(1) if the criteria under Section 55.05(a) or (b) |
|
[574.034 or 574.0345, Health and Safety Code,] are satisfied, order |
|
temporary inpatient or outpatient mental health services for the |
|
child under Chapter 574, Health and Safety Code; or |
|
(2) if the criteria under Section 55.05(c) or (d) |
|
[574.035 or 574.0355, Health and Safety Code,] are satisfied, order |
|
extended inpatient or outpatient mental health services for the |
|
child under Chapter 574, Health and Safety Code. |
|
(d) On receipt of the court's order for inpatient mental |
|
health services, the Health and Human Services Commission shall |
|
identify a facility and admit the child to the identified facility. |
|
(e) If the child is currently detained in a juvenile |
|
detention facility, the juvenile court shall: |
|
(1) order the child released from detention to the |
|
child's home or another appropriate place; |
|
(2) order the child detained or placed in an |
|
appropriate facility other than a juvenile detention facility; or |
|
(3) conduct a detention hearing and, if the court |
|
makes findings under Section 54.01 to support further detention of |
|
the child, order the child to remain in the juvenile detention |
|
facility subject to further detention orders of the court. |
|
Sec. 55.68 [55.14]. REFERRAL FOR [COMMITMENT] PROCEEDINGS |
|
FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR |
|
LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR |
|
INTELLECTUAL DISABILITY. (a) If the juvenile court refers the |
|
child's case to an [the] appropriate court for the initiation of |
|
[commitment] proceedings for court-ordered treatment services |
|
under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2), |
|
the juvenile court shall: |
|
(1) send to the clerk of the court to which the case is |
|
referred all papers, including evaluations, examination reports, |
|
court findings, orders, verdicts, judgments, and reports from |
|
facilities and alternative settings, relating to: |
|
(A) the child's mental illness or intellectual |
|
disability; |
|
(B) the child's unfitness to proceed, if |
|
applicable; and |
|
(C) the finding that the child was not |
|
responsible for the child's conduct, if applicable [to the clerk of |
|
the court to which the case is referred]; and |
|
(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 court-ordered mental health |
|
services under Section 574.001, Health and Safety Code, or an |
|
application for placement under Section 593.041, Health and Safety |
|
Code, as applicable. |
|
(c) If the child is currently detained in a juvenile |
|
detention facility, the juvenile court shall: |
|
(1) order the child released from detention to the |
|
child's home or another appropriate place; |
|
(2) order the child detained or placed in an |
|
appropriate facility other than a juvenile detention facility; or |
|
(3) conduct a detention hearing and, if the court |
|
makes findings under Section 54.01 to support further detention of |
|
the child, order the child to remain in the juvenile detention |
|
facility subject to further detention orders of the court. |
|
SECTION 20. Sections 55.38 and 55.41, Family Code, are |
|
transferred to Subchapter E, Chapter 55, Family Code, as added by |
|
this Act, redesignated as Sections 55.66 and 55.67, Family Code, |
|
respectively, and amended to read as follows: |
|
Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE |
|
COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY |
|
FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court |
|
initiates [commitment] proceedings for court-ordered mental health |
|
services under Section 55.37(1) or 55.56(1), the prosecuting |
|
attorney may file with the juvenile court an application for |
|
court-ordered mental health services under Sections [Section] |
|
574.001 and 574.002, 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) direct the local mental health authority to file, |
|
before the date set for the hearing, its recommendation for the |
|
child's proposed treatment, as required by Section 574.012, Health |
|
and Safety Code; |
|
(3) identify the person responsible for court-ordered |
|
outpatient mental health services at least three days before the |
|
date of a hearing that may result in the court ordering the child to |
|
receive court-ordered outpatient mental health services, as |
|
required by Section 574.012, Health and Safety Code; and |
|
(4) conduct the hearing in accordance with Subchapter |
|
C, Chapter 574, Health and Safety Code. |
|
(b) After conducting a hearing under this section and with |
|
consideration given to the least restrictive appropriate setting |
|
for treatment of the child and to the parent's, managing |
|
conservator's, or guardian's availability and willingness to |
|
participate in the treatment of the child [Subsection (a)(2)], the |
|
juvenile court shall: |
|
(1) if the criteria for court-ordered mental health |
|
services under Section 55.05(a) or (b) [574.034 or 574.0345, Health |
|
and Safety Code,] are satisfied, order temporary inpatient or |
|
outpatient mental health services; or |
|
(2) if the criteria for court-ordered mental health |
|
services under Section 55.05(c) or (d) [574.035 or 574.0355, Health |
|
and Safety Code,] are satisfied, order extended inpatient or |
|
outpatient mental health services. |
|
(c) On receipt of the court's order for inpatient mental |
|
health services, the Health and Human Services Commission shall |
|
identify a facility and admit the child to the identified facility. |
|
(d) If the child is currently detained in a juvenile |
|
detention facility, the juvenile court shall: |
|
(1) order the child released from detention to the |
|
child's home or another appropriate place; |
|
(2) order the child detained or placed in an |
|
appropriate facility other than a juvenile detention facility; or |
|
(3) conduct a detention hearing and, if the court |
|
makes findings under Section 54.01 to support further detention of |
|
the child, order the child to remain in the juvenile detention |
|
facility subject to further detention orders of the court. |
|
Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE |
|
COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY |
|
FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY. (a) If |
|
the juvenile court initiates [commitment] proceedings under |
|
Section 55.40(1) or 55.59(1), the prosecuting attorney may file |
|
with the juvenile court an application for an interdisciplinary |
|
team report and recommendation that the child is in need of |
|
long-term placement in a residential care facility, 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 this section and with |
|
consideration given to the least restrictive appropriate setting |
|
for services for the child and to the parent's, managing |
|
conservator's, or guardian's availability and willingness to |
|
participate in the services for the child [Subsection (a)(2)], the |
|
juvenile court may order residential intellectual disability |
|
services for the child if the [commitment of the child to a |
|
residential care facility if the commitment] criteria under Section |
|
55.06 [593.052, Health and Safety Code,] are satisfied. |
|
(c) On receipt of the court's order, the Health and Human |
|
Services Commission [Department of Aging and Disability Services or |
|
the appropriate community center] shall identify a residential care |
|
facility and admit the child to the identified [a residential care] |
|
facility. |
|
(d) If the child is currently detained in a juvenile |
|
detention facility, the juvenile court shall: |
|
(1) order the child released from detention to the |
|
child's home or another appropriate place; |
|
(2) order the child detained or placed in an |
|
appropriate facility other than a juvenile detention facility; or |
|
(3) conduct a detention hearing and, if the court |
|
makes findings under Section 54.01 to support further detention of |
|
the child, order the child to remain in the juvenile detention |
|
facility subject to further detention orders of the court. |
|
SECTION 21. Sections 55.39, 55.42, 55.57, 55.58, 55.60, and |
|
55.61, Family Code, are repealed. |
|
SECTION 22. The changes in law made by this Act apply only |
|
to a juvenile court hearing or proceeding that commences on or after |
|
the effective date of this Act. A juvenile court hearing or |
|
proceeding that commences before the effective date of this Act is |
|
governed by the law in effect on the date the hearing or proceeding |
|
commenced, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 23. This Act takes effect September 1, 2023. |