SRC-DPW, SLL H.B. 3517 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3517
By: Goodman (Harris)
Jurisprudence
5/14/1999
Engrossed


DIGEST 

Juvenile justice practitioners and officials who contributed to the
development of the juvenile justice reforms of the previous two legislative
sessions met over several months prior to this session to identify problem
areas for possible legislation. The main area of concern lies with the
procedures relating to children who are mentally ill or mentally retarded.
H.B. 3517 includes a number of substantive amendments to statutes governing
mentally ill and mentally retarded children in the juvenile justice system
including detention practices, the authority of juvenile court referees,
release of juvenile information, and the reporting of alleged abuse or
neglect in juvenile justice programs. This bill also makes technical
modifications.  

PURPOSE

As proposed, H.B. 3517 sets forth guidelines for the detention,
adjudication, and disposition of certain persons within the justice
juvenile system. 

RULEMAKING AUTHORITY

Rulemaking authority is granted  to the Texas Youth Commission in SECTION
25 (Section 261.105, Family Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.095, Family Code, by adding Subsection (d),to
authorize a juvenile law referee or master to perform the duties imposed on
a magistrate under this section (Admissibility of Statement of a Child)
without the approval of the juvenile court if the juvenile board of the
county in which a statement of a child is made has authorized a referee or
master to perform the duties.  

SECTION 2. Amends Section 51.12(h), Family Code, to provide that this
section (Place and Conditions of Detention) does not apply to a person
under 17, rather than 18, years of age who has been taken into custody
after having escaped from a juvenile facility operated or under contract
with the Texas Youth Commission (TYC) or who has violated a condition of
release under supervision of TYC. Makes a conforming change.  

SECTION 3. Amends Section 51.17(c), Family Code, to provide that except as
otherwise provided by this title (Juvenile Justice Code), the Texas Rules
of Evidence, rather than the Texas Rules of Criminal Evidence, applicable
to criminal cases in Chapter 38, Code of Criminal Procedure (Evidence in
Criminal Actions), apply in a judicial proceeding under this title.  

SECTION 4. Amends Chapter 51, Family Code, by adding Section 51.20, as
follows:  

Sec. 51.20. PHYSICAL OR MENTAL EXAMINATION. Authorizes a juvenile court at
any point in a proceeding under this title to order a child who is referred
to the juvenile court to be examined by an appropriate expert if the child
is alleged by a petition or is found to have engaged in delinquent conduct
or conduct indicating a need for supervision. Requires the probation
department to refer the child to the local mental health and mental
retardation authority for evaluation and services if there is reason to
believe that the child has a mental illness or mental retardation, unless
the prosecuting attorney has filed a petition under Section 53.04(Court
Petition; Answer).  
 
SECTION 5. Amends Section 52.02(c), Family Code, to make a nonsubstantive
change.  

SECTION 6. Amends Chapter 53, Family Code, by adding Section 53.035, as
follows:  

Sec. 53.035. GRAND JURY REFERRAL. Authorizes a prosecuting attorney, before
filing a petition under Section 53.04, to refer an offense to a grand jury
in the county in which the offense is alleged to have been committed.
Authorizes the grand jury referral if the preliminary investigation
required results in a determination that further proceedings are authorized
and warranted. Provides that the grand jury has the same jurisdiction and
powers to investigate an offense under this section as it has to
investigate other criminal activity. Prohibits the prosecuting attorney
from filing a petition if the grand jury votes to take no action, unless
the same or a successor grand jury approves the filing of a petition.
Authorizes the prosecuting attorney to file the petition on the approval of
the prosecution of an offense referred to the grand jury.  Specifies that
the grand jury approval of the prosecution does not constitute approval of
a petition by a grand jury.  

SECTION 7. Amends Section 54.01, Family Code, by adding Subsection (p), to
require a court to order a child to be released from detention if the child
has not been released under Section 53.02 (Release from Detention) or this
section (Detention Hearing) and a petition has not been filed. Sets forth
the date by which the court must order the child released.  

SECTION 8. Amends Section 54.02, Family Code, by amending Subsections
(h)and (j) and adding Subsections (o)-(r), to require a juvenile court to
cause the results of a diagnostic study of the circumstances of a person,
including psychological information, to be transferred to the appropriate
criminal prosecutor if the juvenile court waives jurisdiction.  Authorizes
a juvenile court to waive its exclusive original jurisdiction and transfer
a person to the appropriate district or criminal district court for
criminal proceedings if the person was between the ages of 10 and 17 at the
time the person is alleged to have committed a capital felony or an offense
under Section 19.02, Penal Code (Murder).  Redesignates Paragraph B to C.
Makes conforming and nonsubstantive changes. Requires a juvenile court to
hold a detention hearing in the same manner as provided by Section 54.01 on
the filing of a discretionary transfer petition or a motion concerning a
respondent who has been taken into custody for possible discretionary
transfer proceedings under Subsection (j), with an exception. Requires the
court to order the release of the respondent unless it finds that the
respondent is likely to abscondor be removed from the court's jurisdiction,
that the respondent may be dangerous to himself or herself or may be a
danger to public safety, or that the respondent has previously been found
to be a delinquent child and is likely to commit an offense if released.
Requires a juvenile court to order a respondent to be detained in an
appropriate facility if the juvenile court does not order the respondent
released under Subsection (o).  Provides that the detention of a respondent
in a certified juvenile detention facility must comply with the detention
requirements under this title, with an exception. Requires the person to be
kept separately from children detained in the same facility to the extent
practicable.  Requires the county sheriff to take custody of a respondent
for detention in a county facility under the order of the juvenile court.
Requires the juvenile court to set or deny bond for the respondent as
required by the Code of Criminal Procedure and other law applicable to the
pretrial detention of adults accused of criminal offenses.  

SECTION 9. Amends Sections 54.03(d) and (f), Family Code, to authorize a
child to be adjudicated as having engaged in conduct constituting a lesser
included offense as provided by Articles 37.08 and 37.09, Code of Criminal
Procedure (regarding a lesser included offense). Makes conforming and
nonsubstantive changes.  

SECTION 10. Amends Section 54.04, Family Code, by amending Subsection (l)
and adding Subsection (q), to authorize a court to place a child on
probation under Subsection (d)(1), rather than of this section, for any
period, except as provided by Subsection (q).  Sets forth provisions and
requirements regarding children sentenced to commitment in TYC under
Subsection (d)(3).  Makes conforming changes. 

SECTION 11. Amends Section 54.05, Family Code, by amending Subsections (f)
- (h) and adding Subsection (j), to authorize a disposition based on a
finding that a child engaged in delinquent  conduct to be modified, except
as provided by Subsection (j).  Authorizes that such a disposition to
modified after a hearing to modify the disposition of the court, rather
than jury, finds that the child violated a lawful order of the court.
Authorizes the court to modify the disposition to commit the child to the
TYC under Section 54.04(d)(3) for a term that does not exceed the original
sentence assessed by the court or jury, if the court determines that the
child violated a lawful condition of probation ordered under Section
54.04(q).   

SECTION 12. Amends Chapter 54, Family Code, by adding Section 54.051, as
follows: 

Sec. 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO APPROPRIATE
DISTRICT COURT.  Requires a juvenile court, on motion of the state
concerning a child who is placed on probation under Section 54.04(q) for a
period that will continue after the child's 18th birthday, to hold a
hearing to determine whether to transfer the child to an appropriate
district court or discharge the child from the sentence of probation.  Sets
forth procedures regarding action required to be taken following the making
of such a determination.  Authorizes a juvenile court to transfer a child
to an appropriate district court without a showing that the child violated
a condition of probation ordered under Section 54.04(q).  

SECTION 13. Amends Section 54.10(a), Family Code, to authorize a hearing
under Section 54.03 (Adjudication Hearing), 54.04 (Disposition Hearing),
or54.05 (Hearing to Modify Disposition), including a jury trial, a hearing
under chapter 55 (Proceedings Concerning Children with Mental Illness or
Mental Retardation), or a hearing under Chapter 60 (Uniform Interstate
Compact on Juveniles) to be held by an appointed referee or master provided
that the parties have been informed by the referee or master that they are
entitled to have the hearing before the juvenile court judge and provided
that no party objects to the holding of the hearing before the referee or
master. Makes conforming and nonsubstantive changes.  

SECTION 14. Amends Chapter 55, Family Code, as follows:

CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL
RETARDATION 

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 55.01. New title: MEANING OF "HAVING A MENTAL ILLNESS." Provides that,
for the purposes of this chapter, a child who is described as having a
mental illness means a child who suffers from mental illness as defined by
Section 571.003, Health and Safety Code (Definitions). Deletes existing
text regarding a physical or mental examination.  

Sec. 55.02. MENTAL HEALTH AND MENTAL RETARDATION JURISDICTION. Provides
that a juvenile court has jurisdiction of proceedings under Subtitle
C(Texas Mental Health Code) or Subtitle D (Persons with Mental Retardation
Act), Title 7, Health and Safety Code, for the purposes of initiating
proceedings to order mental health or mental retardation services for a
child for commitment of a child.  

Sec. 55.03. STANDARDS OF CARE. Requires a child to be cared for as provided
by Subtitle C, Title 7, Health and Safety Code (Texas Mental Health Code)
if the child is ordered to have inpatient mental health services, except as
provided by this chapter. Requires a child to be care for as provided by
Subtitle D, Title 7, Health and Safety Code, if the child is committed by a
court to a residential care facility for mental retardation, except as
provided by this chapter.  

SUBCHAPTER B. CHILD WITH MENTAL ILLNESS 

Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION.  Requires a juvenile
court, on a motion by a party, to determine whether probable cause exists
to believe that a child has a mental illness if the child is alleged by
petition or found to have engaged in delinquent conduct or conduct
indicating a need for supervision. Authorizes the court to  consider the
motion, supporting documents, professional statements of counsel, witness
testimony, and to make its own observation of the child in making its
determination. Requires a court to temporarily stay the juvenile court
proceedings and immediately order a child to be examined if the court
determines that probable cause exists to believe that the child has a
mental illness.  Provides that the information obtained from the
examination must include expert opinion as to whether the child has a
mental illness and whether the child meets specific criteria. Establishes
that the information must also include expert opinion as to whether the
child is unfit to proceed with the juvenile court proceedings if ordered by
the court.  Requires a court, after obtaining all relevant information, to
proceed under Section 55.12 if the court determines that evidence exists to
support a finding that the child has a mental illness and meets the
commitment criteria. Requires the court to dissolve the stay and continue
the juvenile court proceedings if the court does not find such evidence.  

Sec. 55.12. New heading: INITIATION OF COMMITMENT PROCEEDINGS. Requires the
court to initiate proceedings as provided by Section 55.13 for the purpose
of ordering mental health services or to refer the child's case to the
appropriate court for the initiation of proceedings in that court for the
commitment of the child if the juvenile court determines that evidence
exists to support a finding that a child has a mental illness and meets the
commitment criteria. Makes conforming changes.  

Sec. 55.13. COMMITMENT OF PROCEEDINGS IN JUVENILE COURT. Authorizes a
prosecuting attorney or a child's attorney to file an application for
court-ordered mental health services if the juvenile court initiates
proceedings for mental health services. Requires the juvenile court to seta
date for a hearing, provide notice, and conduct the hearing. Establishes
that the party who files the application bears the burden of proof.
Requires the juvenile court to appoint the number of physicians necessary
to examine the child and to complete the certificates of medical
examination for mental illness. Requires the juvenile court, after
conducting a hearing on application, to order temporary or extended mental
health services for the child, depending on which criteria are satisfied.  

Sec. 55.14. REFERRAL FOR COMMITMENT PROCEEDINGS. Requires a court to order
the probation department to send copies of any information in the
possession of the department and relevant to the issue of a child's mental
illness to the clerk of the court to which the case is referred and to the
appropriate county attorney or, if a county attorney is unavailable, to the
appropriate district attorney, if the juvenile court issues places the
child in the facility or center. Requires the public or private facility or
outpatient center to submit a report within a specific time frame to the
court that describes the treatment the child receives and states the
opinion of the director of the facility or center as to whether the child
is fit or unfit to proceed. Requires the court to provide a copy of the
report to the prosecuting attorney and the child's attorney  

Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR MENTAL HEALTH
SERVICES. Requires the administrator of a mental health facility to notify
the juvenile court, in writing by certified mail return receipt requested,
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.
Makes conforming and nonsubstantive changes.  

Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF PROCEEDINGS. Requires
a court to which a child's case is referred to immediately notify the
referring juvenile court in writing of the court's order for mental health
services.  Requires the proceedings pending in juvenile court to be stayed
if the juvenile court orders temporary or extended mental health services
for the child or if the juvenile court receives notice of the order for
mental health services. Redesignates Subsection (d) to (b).  

Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION OF STAY.
Requires a court to which a juvenile case is referred to immediately notify
in writing the referring juvenile court of the court's decision not to
order inpatient mental health services. Requires the juvenile court to
dissolve the stay and continue the proceedings if the juvenile court
receives such notice or does not itself order mental health services for
the child.  
 
Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE REACHING 18 YEARS
OF AGE. Creates section from existing text. Makes a conforming change.  

Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY. Requires a
juvenile court to transfer all pending proceedings to a criminal court on
the 18th birthday of a child for whom mental health services have been
ordered if no adjudication hearing has been conducted concerning the
child's alleged delinquent conduct that included a violation of penal law
listed in Section 53.045 (Violent or Habitual Offenders) and if the child
is not discharged from the residential care facility before reaching that
age.  Makes conforming changes.  

SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR
MENTAL RETARDATION  

Sec. 55.31. New heading: UNFITNESS TO PROCEED DETERMINATION; EXAMINATION.
Makes conforming changes.  

Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. Requires a court to
determine the issue of whether a child is unfit to proceed due to a finding
of mental illness or mental retardation unless the child or the child's
attorney demands a jury before the 10th day before the date of the hearing.
Requires the court to stay juvenile proceedings for as long as incapacity
endures and to proceed under Section 55.33 if the court or jury determined
that the child is unfit to proceed. Makes conforming changes.  

Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO PROCEED. Requires
the court to order the child placed with the Texas Department of Mental
Health and Mental Retardation (MHMR) for a period of not more than 90 days,
which order may not specify a shorter period, or with a private psychiatric
inpatient facility for the same period on application by the child's
parent, guardian, or guardian ad litem if the juvenile court or jury
determines under Section 55.32 that the child is unfit to proceed with the
juvenile court proceedings for delinquent conduct because of mental illness
or mental retardation. Requires the court to order the child to receive
treatment for mental illness on an outpatient basis for a period of not
more than 90 days, which order may not specify a shorter period, if the
court determines that the child may be treated in an alternative setting.
Authorizes the state or a political subdivision of the state to be ordered
to pay the costs for the child's placement in a private psychiatric
facility. 

Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY. Requires the court to
order the probation department or sheriff's department to transport a child
to a designated psychiatric facility if a court so places the child.
Requires the court to order the probation department or sheriff's
department to transport the child from the facility to the court on receipt
of a report from the facility. Requires an authorized representative of the
facility to transport the child to from the facility to the court if the
child is not transported before the 11th day after the court's order.
Requires the county in which the juvenile court is located to reimburse the
facility for the costs incurred in transporting the child.  

Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY; REPORT TO COURT.
REQUIRES a court to order the probation department to send copies of any
information in the possession of the department and relevant to the issue
of a child's mental health to the public or private facility or outpatient
center, as appropriate, if the juvenile court issues places the child in
the facility or center. Requires the public or private facility or
outpatient center to submit a report within a specific time frame to the
court that describes the treatment the child receives and states the
opinion of the director of the facility or center as to whether the child
is fit or unfit to proceed. Requires the court to provide a copy of the
report to the prosecuting attorney and the child's attorney.  

Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON OBJECTION.
Requires a juvenile court to find that the child is fit to proceed if the
report states that the  child is fit to proceed, unless the child's
attorney objects within a specific time frame. Requires the juvenile court,
on an objection by the child's attorney, to promptly hold a hearing within
a specific time frame to determine whether the child is fit to proceed.
Requires the court to determine the issue of the child's fitness to proceed
unless the child or the child's attorney demands a jury in writing within a
specific time frame. Requires the court to dissolve the stay and continue
the juvenile court proceedings as though question had never been raised if
the court or jury finds that the child is fit to proceed. Requires the
court to proceed under Section 55.37 if the child is found unfit to
proceed.  

Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL
ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS. Requires the director of the
public or private facility or outpatient center, as appropriate, to submit
to the court two certificates of medical examination for mental illness if
the report issued by the facility or center states that a child is unfit to
proceed and that the child meets the commitment criteria for civil
commitment. Requires the court, on receipt of the certificates, to initiate
proceedings under Section 55.38 in the juvenile court for commitment of the
child or to refer the child's case as provided by Section 55.39 to the
appropriate court for commitment of the child.  

Sec. 55.38. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL ILLNESS.
Authorizes a prosecuting attorney to file with a juvenile court an
application for court-ordered mental health services if the juvenile court
initiates commitment proceedings. Requires the juvenile court to set a date
for hearing and provide notice as provided by Sections 574.005 (Setting on
Application) and 574.006 (Notice), Health and Safety Code. Requires the
juvenile court to conduct the hearing in accordance with Subchapter C,
Chapter 574, Health and Safety Code (Proceedings for Court-Ordered Mental
health Services). Requires the juvenile court, after conducting the
hearing, to order temporary or extended mental health services according to
specific criteria.  

Sec. 55.39. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL ILLNESS.
Requires a juvenile court to send to the clerk of the court to which a case
is referred for the initiation of commitment proceedings and to the
appropriate county attorney or, if a county attorney is unavailable, to the
appropriate district attorney all papers relating the child's unfitness to
proceed. Requires the juvenile court to order the child released from
detention, order the child detained in an appropriate place other than a
juvenile detention facility, or, if another place is not available, order
the child to remain in the juvenile detention facility subject to further
court orders. Provides that the papers sent relating to the child's
unfitness to proceed constitute an application for mental health services.  

Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL
RETARDATION. Requires the director of the residential care facility to
submit to a court an affidavit stating the conclusions reached as a result
of the diagnosis of a child who, according to the report filed by the
director, is unfit to proceed as a result of mental retardation and meets
the commitment criteria for civil commitment. Requires the court, on
receipt of the affidavit, to initiate proceedings under Section 55.41 in
the juvenile court for commitment of the child or to refer the child's case
to the appropriate court as provided by Section 55.42 for the initiation of
proceedings in that court for the commitment of the child.  

Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
RETARDATION. Authorizes a prosecuting attorney to file an application for
placement under Section 593.041 (Application for Placement;
Jurisdiction),Health and Safety Code, if a juvenile court initiates
commitment proceedings. Requires the juvenile court to set a hearing date,
provide notice, and conduct the hearing in accordance with Sections
593.049593.056,Health and Safety Code. Authorizes the juvenile court to
order commitment of the child to a residential care facility if specific
criteria are satisfied.  

Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL RETARDATION.
Requires a juvenile court to send all papers relating to the child's mental
health to the clerk of the court to which the case is referred for the
initiation of commitment  proceedings and also to the office of the
appropriate county attorney, or if unavailable, to the appropriate district
attorney. Requires the court to order the child released from detention,
order the child detained in an appropriate place other than a juvenile
detention facility, or, if another place is not available, order the child
to remain in the juvenile detention facility subject to further court
orders. Provides that the papers sent relating to the child's unfitness to
proceed constitute an application for mental health services.  

Sec. 55.43. RESTORATION HEARING. Authorizes a prosecuting attorney to file
with a juvenile court a motion for a restoration hearing concerning a child
if the child is found unfit to proceed as a result of mental illness or
mental retardation and the child is not ordered to receive inpatient or
outpatient mental health services or is discharged from a mental health
facility or outpatient center before the child reaches 18 years of age.
Requires the court to determine the issue of whether the child is fit to
proceed at the restoration hearing, which is conducted without a jury.
Provides that the issue of fitness to proceed must be proved by a
preponderance of evidence. Requires the court to continue the juvenile
court proceedings if the court finds that the child is fit to proceed or to
dismiss the motion for restoration if the court finds that the child is
unfit to proceed.  

Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF CHILD. Requires
a juvenile court to transfer all pending proceedings from the juvenile
court to a criminal court on the 18th birthday of a child for whom the
juvenile court or a court to which the child's case is referred has ordered
inpatient mental health services or residential care. Requires the transfer
if the child is not discharged from the facility before reaching age 18 and
if the child is alleged to have engaged in delinquent conduct that included
a violation of penal law under Section 53.045 and no adjudication
concerning the alleged conduct has been made.  Requires a juvenile to send
notification to the facility of the transfer of a child. Requires the
criminal court to institute proceedings under Article 46.02, Code of
Criminal Procedure (Incompetency to Stand Trial), within a specific time
frame. Prohibits the defendant, if found competent to stand trial, from
receiving a punishment for the delinquent conduct for a period longer than
the maximum sentence the defendant could have received if adjudicated for
the conduct while still a child in the juvenile court.  

SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL
ILLNESS OR MENTAL RETARDATION  

Sec. 55.51. New heading: LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION;
EXAMINATION. Makes conforming and nonsubstantive changes.  

Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF RESPONSIBILITY FOR
CONDUCT. Requires a court, if the court finds that a child is not
responsible for the child's delinquent conduct, to order the child placed
with MHMR or in a private psychiatric inpatient facility, on special
application, for a period of not more than 90 days, which order may not
specify a shorter period, if the lack of responsibility is a result of
mental illness or mental retardation. Requires the court to order the child
to receive treatment on an outpatient basis for the same period if the
child's lack of responsibility is a result of mental illness and the court
determines that the child may be adequately treated in an alternative
setting. Authorizes the state or a political subdivision of the state to be
ordered to pay any costs associated with the child's placement in a private
facility.  

Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. Requires the court to
order the probation department or sheriff's department to transport a child
to a designated psychiatric facility if a court so places the child.
Requires the court to order the probation department or sheriff's
department to transport the child from the facility to the court on receipt
of a report from the facility. Requires an authorized representative of the
facility to transport the child to from the facility to the court if the
child is not transported before the 11th day after the court's order.
Requires the county in which the juvenile court is located to reimburse the
facility for the costs incurred in transporting the child.  

Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY; REPORT TO  COURT.
REQUIRES the court to order the probation department to send copies of any
information in the possession of the department and relevant to the issue
of a child's mental health to the public or private facility or outpatient
center, as appropriate, if the juvenile court places the child in the
facility or center. Requires the public or private facility or outpatient
center to submit a report within a specific time frame to the court that
describes the treatment the child receives and states the opinion of the
director of the facility or center as to whether the child is fit or unfit
to proceed. Requires the court to provide a copy of the report to the
prosecuting attorney and the child's attorney.  

Sec. 55.55. REPORTING THAT CHILD IS NOT MENTALLY ILL OR MENTALLY RETARDED;
HEARING ON OBJECTION. Requires a juvenile court to discharge a child if a
report submitted under Section 55.54 states that a child does not have a
mental illness or mental retardation. Establishes that the child is
required to be discharged unless an adjudication hearing was conducted
concerning conduct that included a violation of penal law under
Section53.045, a petition was approved by a grand jury, and the prosecuting
attorney objects in writing within a specific time frame. Requires the
juvenile court, on objection by the prosecuting attorney, to hold a hearing
without a jury to determine whether the child has a mental illness or
mental retardation and whether the child meets the commitment criteria for
civil commitment. Establishes the burden of proof with the state to prove
that the child has a mental illness or mental retardation and that the
child meets the commitment criteria for civil commitment. Requires the
court to discharge the child if the court finds that the child does not
meet the criteria or to issue an appropriate commitment order, depending on
the finding of the court.  

Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION OF COMMITMENT
PROCEEDINGS. Requires the director of the public or private facility or
outpatient center, as appropriate, to submit to the court two certificates
of medical examination for mental illness if the report issued by the
facility or center states that a child has a mental illness or mental
retardation and meets the commitment criteria for civil commitment.
Requires the court, on receipt of the certificates, to initiate proceedings
under Section 55.57 in the juvenile court for commitment of the child or to
refer the child's case as provided by Section 55.58 to the appropriate
court for commitment of the child.  

Sec. 55.57. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL ILLNESS.
AUTHORIZES a prosecuting attorney to file with a juvenile court an
application for court-ordered mental health services if the juvenile court
initiates commitment proceedings. Requires the juvenile court to set a date
for hearing and provide notice as provided by Sections 574.005 and
574.006,Health and Safety Code. Requires the juvenile court to conduct the
hearing in accordance with Subchapter C, Chapter 574, Health and Safety
Code. Requires the juvenile court, after conducting the hearing, to order
temporary or extended mental health services according to specific
criteria.  

Sec. 55.58. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL ILLNESS.
Requires a juvenile court to send to the clerk of the court to which a case
is referred for the initiation of commitment proceedings and to the
appropriate county attorney or, if unavailable to the appropriate district
attorney all papers relating the child's mental illness. Requires the
juvenile court to order the child released from detention, order the child
detained in an appropriate place other than a juvenile detention facility,
or, if another place is not available, order the child to remain in the
juvenile detention facility subject to further court orders. Provides that
the papers sent relating to the child's unfitness to proceed constitute an
application for mental health services.  

Sec. 55.59. REPORT THAT CHILD HAS MENTAL RETARDATION; INITIATION OF
COMMITMENT PROCEEDINGS. Requires the director of the residential care
facility or outpatient center to submit to a court an affidavit stating the
conclusions reached as a result of the diagnosis of a child who, according
to the report filed by the director, has a mental retardation and meets the
commitment criteria for civil commitment. Requires the court, on receipt of
the affidavit, to initiate proceedings under Section 55.60 in the juvenile
court for commitment of the child or to refer the child's case to the
appropriate court as provided by  Section 55.61 for the initiation of
proceedings in that court for the commitment of the child.  

Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
RETARDATION. Authorizes a prosecuting attorney to file an application for
placement under Section 593.041, Health and Safety Code, if a juvenile
court initiates commitment proceedings. Requires the juvenile court to seta
hearing date, provide notice, and conduct the hearing in accordance with
Sections 593.049-593.056, Health and Safety Code. Authorizes the juvenile
court to order commitment of the child to a residential care facility if
specific criteria are satisfied.  

Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL RETARDATION.
Requires a juvenile court to send to the clerk of the court to which a case
is referred for the initiation of commitment proceedings and to the
appropriate county attorney or, if unavailable, to the appropriate district
attorney all papers relating the child's mental retardation. Requires the
juvenile court to order the child released from detention, order the child
detained in an appropriate place other than a juvenile detention facility,
or, if another place is not available, order the child to remain in the
juvenile detention facility subject to further court orders. Provides that
the papers sent relating to the child's unfitness to proceed constitute an
application for mental health services.  

SECTION 15. Amends Section 56.01(c), Family Code, to make conforming and
nonsubstantive changes.  

SECTION 16. Amends Section 58.001(c), Family Code, to require, rather than
authorize, a law enforcement agency to forward information, including
fingerprints, relating to a child who has been taken into custody under
Section 52.01 (Taking Into Custody; Issuance of Warning Notice). Authorizes
the law enforcement agency to forward the information only if the child is
referred to the juvenile court within 10 days after being taken into
custody under that section. Makes conforming and nonsubstantive changes.  

SECTION 17. Amends Sections 58.002(a), Family Code, to prohibit a child
from being photographed or fingerprinted without the consent of the
juvenile court unless the child is taken into custody or referred to the
juvenile court for conduct punishable by confinement, except as provided by
Chapter 79, Human Resources Code (Missing Children and Missing Persons). 

SECTION 18. Amends Section 58.007, Family Code, by adding Subsection (h),
authorize a juvenile court to disseminate specific identifying information
about a child who is the subject of a directive to apprehend or a warrant
of arrest and who cannot be located.  

SECTION 19. Amends Section 58.106(c), Family Code, to authorize the
dissemination to the public of identifying information relating to a
juvenile, rather than a juvenile offender, who has escaped from a secure
detention or correctional facility. Makes conforming changes.  

SECTION 20. Amends Section 59.003(a), Family Code, to make conforming
changes.  

SECTION 21. Amends Section 59.005(a), Family Code, to delete an
authorization that a juvenile court, prosecuting attorney, or probation
department may place a child at sanction level two on court ordered
probation.  

SECTION 22. Amends Section 59.014, Family Code, to prohibit a child from
bringing an appeal or a postconviction writ of habeas corpus based on the
failure or inability of any person to provide a specific service, failure
of a court or any person to make a sanction level assignment, or failure of
a juvenile court or probation department to report a deviation from the
guidelines as required by Section 59.003(e) (regarding deviation from
sanction level assignment guidelines).  

SECTION 23. Amends Section 232.002, Family Code, to provide that the Texas
Juvenile Probation Commission is a licensing authority subject to this
chapter (Suspension of License for Failure to Pay Child Support or Comply
with Subpoena). Makes conforming changes.  

 SECTION 24. Amends Section 261.103, Family Code, to authorize a report to
be made to TYC instead of another agency if the report is based on
information provided by a child while under the supervision of TYC
concerning the child's alleged abuse of another child. The other agencies
referred to are any local or state law enforcement agency, the Department
of Protective and Regulatory Services (DPRS), another state agency
connected to the facility in which alleged abuse or neglect occurred, or
the agency designated by the court to be responsible for the protection of
children.  

SECTION 25. Amends Section 261.105, Family Code, by adding Subsection
(e),to require TYC, by rule and in conjunction with DPRS, to adopt
guidelines for identifying a report made to TYC under Section 261.103(b)
that is appropriate to refer to DPRS or a law enforcement agency for
investigation.  Provides that the guidelines must require TYC to consider
the severity and immediacy of the alleged abuse or neglect of the child
victim.  

SECTION 26. Amends and reenacts Section 261.405, Family Code, as amended by
Chapters 162 and 1374, Acts of the 75th Legislature, Regular Session,1997,
as follows:  

Sec. 261.405. New heading: INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS AND
FACILITIES. Requires the Texas Juvenile Probation Commission to conduct an
investigation if it receives a report of alleged abuse or neglect in any
program operated wholly or partly by a local juvenile probation department
or a private vendor operating under the authority of a county juvenile
board. Requires an investigating agency to have access to certain medical
or mental health records as provided by Subchapter D.  

SECTION 27. Amends the heading of Article 4.18, Code of Criminal Procedure,
as follows:  

Art. 4.18. New heading: CLAIM OF UNDERAGE. 

SECTION 28. Amends Article 4.18, Code or Criminal Procedure, by adding
Subsection (g), to provide that this article (Claim of Underage) does not
apply to a claim of a defect or error in a discretionary transfer
proceeding in juvenile court. Authorizes a defendant to appeal a defect or
error only as provided by Article 44.47 (Appeal of Transfer from Juvenile
Court).  

SECTION 29. Amends Section 8(c), Article 42.09, Code of Criminal Procedure,
to make a conforming change.  

SECTION 30. Amends Chapter 25A, Education Code, by adding Section 25.0011,
as follows: 

Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. Sets forth criteria for a
person to be considered to reside in a school district, for the purposes of
Section 25.001, Education Code.  Authorizes a school district to provide
educational services to a person described by Subsection (a) if the school
district is fully compensated through the payment of tuition by the
operator of the juvenile detention facility or other person having lawful
control of the person in an amount equal to the actual cost of educating
the person.  Defines "juvenile detention facility."    

SECTION 31. Amends Section 576.025, Health and Safety Code, to prohibit a
person from administering a psychoactive medication to a patient receiving
voluntary or involuntary mental health services who refuses the
administration unless, among other reasons, the patient is receiving
court-ordered mental health services authorized by an order issued under
Chapter 55, Family Code.  

SECTION 32. Amends Section 61.077, Human Resources Code, by adding
Subsections (c)-(f), to set forth the effective date of a child's discharge
from TYC if the child is discharged as a result of mental illness or mental
retardation, depending upon whether the child is receiving court-ordered
mental health services.  

SECTION 33. Amends Sections 61.0772(b) and (c), Human Resources Code, to
make conforming and nonsubstantive changes.  

 SECTION 34. Amends Section 61.093(b), Human Resources Code, to authorize a
child who is 17 years or age or older to be detained in an adult jail
facility until the child is returned to the custody of TYC or transported
to a commission facility.  

SECTION 35. Amends Section 729.001(c), Transportation Code, to provide that
an offense under this section (Operation of Motor Vehicle by Minor in
Violation of Traffic Laws; Offense) is punishable by the fine or other
sanction, other than confinement or imprisonment, authorized by statute for
violation of the traffic law that is the basis of prosecution, rather than
a Class C misdemeanor.  

SECTION 36. Amends Section 729.002(b), Transportation Code, to make
conforming changes with respect to this section (Operation of Motor Vehicle
by Minor Without License).  

SECTION 37. Repealers: Sections 141.0475 (Memorandum of Understanding on
Service Delivery for Runaways) and 141.0476 (Memorandum of Understanding on
Certain Abused or Neglected Children), Human Resources Code.  

SECTION 38. Makes application of this Act prospective except that the
change in law made by Sections 13, 15, and 16 of this Act applies to the
dissemination or inspection of information on or after the effective date
of this Act without regard to whether the information was compiled before,
on, or after that date.  Provides that the change in the law made by
SECTION 8 of this Act applies to discretionary transfer proceedings in
which the discretionary transfer petition or motion was filed on after the
effective date of this Act.  

SECTION 39. Provides that the change in law made by Section 25.0011,
Education Code, applies beginning with the 1999 - 2000 year. 

SECTION 40. Effective date: September 1, 1999.

SECTION 41. Emergency clause.