Texas 2023 - 88th Regular

Texas House Bill HB2037

Filed
2/8/23  
Out of House Committee
4/6/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

Impact

The bill significantly alters the legal framework surrounding juvenile court proceedings and how mental health evaluations are conducted. Specifically, it allows for immediate examinations of children suspected of having mental health issues, with a clear path for referral to appropriate services based on expert recommendations. This change is intended to provide timely interventions, thus reducing the time spent in detention facilities and allowing for treatment in less restrictive environments, ultimately aiming to lead to better outcomes for these children.

Summary

House Bill 2037 addresses critical issues concerning juvenile court proceedings for children with mental illness and intellectual disabilities. This bill revises existing family code statutes to ensure that the specific needs of vulnerable youth are recognized and appropriately managed during judicial processes. The legislation is rooted in a commitment to improve mental health support for children, particularly those undergoing competency evaluations, by streamlining the process and ensuring access to necessary mental health services. The enhancements outlined in the bill focus on maintaining children's connectivity to their families and community while receiving treatment.

Sentiment

Overall, sentiments around HB 2037 appear to be largely favorable among stakeholders, particularly mental health professionals and juvenile justice advocates who recognize the importance of aligning judicial proceedings with the mental health needs of juveniles. Supporters argue that this approach will promote rehabilitation over punishment, lead to a greater understanding of children's needs within the justice system, and enhance the effectiveness of interventions. However, there remains some concern about the adequacy of resources and funding necessary to implement the proposed changes effectively across the state.

Contention

Notable points of contention center around the potential challenges in applying the revised criteria and ensuring that adequate mental health resources are available to meet the increased demands anticipated with the enactment of this bill. Critics raise concerns that while the bill aims to protect vulnerable youth, systemic barriers such as funding, training for evaluators, and the availability of qualified mental health services may hinder its overall effectiveness. Additionally, some stakeholders worry about the implications for due process and the ability of juveniles to fully engage with the legal process if they are determined to be unfit to proceed.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 51. General Provisions
    • Section: 20
  • Chapter 55. Proceedings Concerning Children With Mental Illness Or Intellectual Disability
    • Section: 06
    • Section: 12
    • Section: 15
    • Section: 31
    • Section: 36
    • Section: 37
    • Section: 40
    • Section: 43
    • Section: 44

Companion Bills

TX SB1585

Identical Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX HB1359

Same As Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX HB1359

Same As Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

Similar Bills

TX SB1585

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX HB1359

Relating to certain proceedings in juvenile court for children with mental illness and intellectual disabilities.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB1824

Relating to the continuity of services received by individuals receiving services at state hospitals and state supported living centers, the establishment of a pilot program to provide behavioral health or psychiatric services to certain residential care facility residents, and court orders for psychoactive medication for certain patients.

TX SB332

Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.