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A BILL TO BE ENTITLED
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AN ACT
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relating to mental health in juvenile cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.33, Family Code, is amended to read as |
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follows: |
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Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO |
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PROCEED. (a) If the juvenile court or jury determines under |
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Section 55.32 that a child is unfit to proceed with the juvenile |
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court proceedings for delinquent conduct, the court shall: |
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(1) if the unfitness to proceed is a result of mental |
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illness [or mental retardation]: |
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(A) provided that the child meets the commitment |
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criteria under Subtitle C or D, Title 7, Health and Safety Code, |
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order the child placed with the [Texas] Department of State Health |
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Services [Mental Health and Mental Retardation] for a period of not |
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more than 90 days, which order may not specify a shorter period, for |
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placement in a facility designated by the department; [or] |
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(B) on application by the child's parent, |
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guardian, or guardian ad litem, order the child placed in a private |
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psychiatric inpatient facility for a period of not more than 90 |
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days, which order may not specify a shorter period, but only if the |
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placement is agreed to in writing by the administrator of the |
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facility; or |
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(C) [(2)] if [the unfitness to proceed is a
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result of mental illness and] the court determines that the child |
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may be adequately treated in an alternative setting, order the |
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child to receive treatment for mental illness on an outpatient |
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basis for a period of not more than 90 days, which order may not |
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specify a shorter period; or |
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(2) if the unfitness to proceed is a result of mental |
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retardation: |
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(A) provided that the child meets the commitment |
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criteria under Subtitle C or D, Title 7, Health and Safety Code, |
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order the child placed with the Department of Aging and Disability |
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Services for a period of not more than 90 days, which order may not |
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specify a shorter period, for placement in a facility designated by |
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the department; or |
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(B) on application by the child's parent, |
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guardian, or guardian ad litem, order the child placed in a private |
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psychiatric inpatient facility for a period of not more than 90 |
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days, which order may not specify a shorter period, but only if the |
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placement is agreed to in writing by the administrator of the |
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facility. |
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(b) If the court orders a child placed in a private |
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psychiatric inpatient facility under Subsection (a)(1)(B) or |
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(a)(2)(B), the state or a political subdivision of the state may be |
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ordered to pay any costs associated with the child's placement, |
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subject to an express appropriation of funds for the purpose. |
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SECTION 2. Subsection (a), Section 55.34, Family Code, is |
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amended to read as follows: |
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(a) If the court issues a placement order under Section |
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55.33(a)(1)(A) or (B) or (a)(2) [55.33(a)(1)], the court shall |
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order the probation department or sheriff's department to transport |
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the child to the designated facility. |
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SECTION 3. Subsection (c), Section 55.41, Family Code, is |
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amended to read as follows: |
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(c) On receipt of the court's order, the [Texas] Department |
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of Aging and Disability Services [Mental Health and Mental
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Retardation] or the appropriate community center shall admit the |
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child to a residential care facility. |
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SECTION 4. Section 55.52, Family Code, is amended to read as |
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follows: |
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Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF |
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RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a |
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child is not responsible for the child's conduct under Section |
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55.51, the court shall: |
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(1) if the lack of responsibility is a result of mental |
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illness [or mental retardation]: |
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(A) provided that the child meets the commitment |
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|
criteria under Subtitle C or D, Title 7, Health and Safety Code, |
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|
order the child placed with the [Texas] Department of State Health |
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|
Services [Mental Health and Mental Retardation] for a period of not |
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|
more than 90 days, which order may not specify a shorter period, for |
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|
placement in a facility designated by the department; [or] |
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|
(B) on application by the child's parent, |
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|
guardian, or guardian ad litem, order the child placed in a private |
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|
psychiatric inpatient facility for a period of not more than 90 |
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|
days, which order may not specify a shorter period, but only if the |
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placement is agreed to in writing by the administrator of the |
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facility; or |
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(C) [(2)] if [the child's lack of responsibility
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is a result of mental illness and] the court determines that the |
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child may be adequately treated in an alternative setting, order |
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|
the child to receive treatment on an outpatient basis for a period |
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|
of not more than 90 days, which order may not specify a shorter |
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|
period; or |
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|
(2) if the lack of responsibility is a result of mental |
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|
retardation: |
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(A) provided that the child meets the commitment |
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|
criteria under Subtitle C or D, Title 7, Health and Safety Code, |
|
|
order the child placed with the Department of Aging and Disability |
|
|
Services for a period of not more than 90 days, which order may not |
|
|
specify a shorter period, for placement in a facility designated by |
|
|
the department; or |
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|
(B) on application by the child's parent, |
|
|
guardian, or guardian ad litem, order the child placed in a private |
|
|
psychiatric inpatient facility for a period of not more than 90 |
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|
days, which order may not specify a shorter period, but only if the |
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|
placement is agreed to in writing by the administrator of the |
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|
facility. |
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(b) If the court orders a child placed in a private |
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psychiatric inpatient facility under Subsection (a)(1)(B) or |
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(a)(2)(B), the state or a political subdivision of the state may be |
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ordered to pay any costs associated with the child's placement, |
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|
subject to an express appropriation of funds for the purpose. |
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SECTION 5. Subsection (a), Section 55.53, Family Code, is |
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amended to read as follows: |
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(a) If the court issues a placement order under Section |
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55.52(a)(1)(A) or (B) or (a)(2) [55.52(a)(1)], the court shall |
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order the probation department or sheriff's department to transport |
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the child to the designated facility. |
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SECTION 6. Subsection (c), Section 55.60, Family Code, is |
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amended to read as follows: |
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(c) On receipt of the court's order, the [Texas] Department |
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of Aging and Disability Services [Mental Health and Mental
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Retardation] or the appropriate community center shall admit the |
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child to a residential care facility. |
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SECTION 7. This Act takes effect September 1, 2013. |