By: Bivins S.B. No. 1439
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the placement in a residential care facility of a
1-2 juvenile offender who is a person with mental retardation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 55.03, Family Code, is amended to read as
1-5 follows:
1-6 Sec. 55.03. <MENTALLY RETARDED> CHILD WITH MENTAL
1-7 RETARDATION. (a) If it appears to the juvenile court, on the
1-8 suggestion of a party or on the court's own notice, that a child
1-9 alleged or found to have engaged in delinquent conduct or conduct
1-10 indicating a need for supervision may be mentally retarded, the
1-11 court shall order a determination of mental retardation
1-12 <comprehensive diagnosis and evaluation> of the child as prescribed
1-13 in the Persons With Mental Retardation Act (Chapter 591, Health and
1-14 Safety Code) <to be performed at a facility approved by the Texas
1-15 Department of Mental Health and Mental Retardation>. If the court
1-16 finds that the results of such determination <comprehensive
1-17 diagnosis and evaluation> indicate a significantly subaverage
1-18 general intellectual function of 2.5 or more standard deviations
1-19 below the age-group mean for the tests used existing concurrently
1-20 with deficits in adaptive behavior of Levels I-IV, and the
1-21 interdisciplinary team recommends placement as required by Subtitle
1-22 D, Title 7, Health and Safety Code, and the Texas Department of
1-23 Mental Health and Mental Retardation determines that residential
1-24 care facility placement is appropriate and that space is available,
2-1 the court may <shall> initiate proceedings to order commitment of
2-2 the child to a residential care facility for the <care and>
2-3 treatment of <mentally retarded> persons with mental retardation.
2-4 (b) Subtitle D, Title 7, Health and Safety Code, governs
2-5 proceedings for commitment of a child meeting the criteria set
2-6 forth in Subsection (a) of this section except that:
2-7 (1) the juvenile court shall conduct the proceedings
2-8 whether or not the juvenile court is also a county court; and
2-9 (2) on receipt of the court's order entering the
2-10 findings set forth in Subsection (a) of this section, together with
2-11 those findings set forth in Subtitle D, Title 7, Health and Safety
2-12 Code, as prerequisites for court commitments, the Texas Department
2-13 of Mental Health and Mental Retardation or the appropriate
2-14 community center shall thereupon admit the child to a residential
2-15 care facility for persons with mental retardation <the mentally
2-16 retarded>.
2-17 (c) If the juvenile court enters an order committing the
2-18 child for care and treatment in a facility for <mentally retarded>
2-19 persons with mental retardation, the child shall be cared for,
2-20 treated, and released in conformity to Subtitle D, Title 7, Health
2-21 and Safety Code, except:
2-22 (1) the juvenile court that ordered commitment of the
2-23 child shall be notified at least 10 days prior to discharge of the
2-24 child; and
2-25 (2) appeal from juvenile court proceedings under this
2-26 section shall be to the court of civil appeals as in other
2-27 proceedings under this title.
3-1 (d) If the juvenile court orders commitment of a child to a
3-2 facility for the care and treatment of <mentally retarded> persons
3-3 with mental retardation, the proceedings under this title then
3-4 pending in juvenile court shall be stayed.
3-5 (e) If the child is discharged from the facility for the
3-6 care and treatment of <mentally retarded> persons with mental
3-7 retardation before reaching 18 years of age, the juvenile court
3-8 may:
3-9 (1) dismiss the juvenile court proceedings with
3-10 prejudice; or
3-11 (2) continue with proceedings under this title as
3-12 though no order of commitment had been made.
3-13 SECTION 2. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.