By: Rodriguez S.B. No. 1706
A BILL TO BE ENTITLED
AN ACT
relating to mental health in juvenile cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 55.33, Family Code, is 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 to proceed with the juvenile
court proceedings for delinquent conduct, the court shall:
(1) if the unfitness to proceed is a result of mental
illness [or mental retardation]:
(A) provided that the child meets the commitment
criteria under Subtitle C or D, Title 7, Health and Safety Code,
order the child placed with the [Texas] Department of State Health
Services [Mental Health and Mental Retardation] 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]
(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
days, which order may not specify a shorter period, but only if the
placement is agreed to in writing by the administrator of the
facility; or
(C) [(2)] if [the unfitness to proceed is a
result of mental illness and] the court determines that the child
may be adequately treated in an alternative setting, 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; or
(2) if the unfitness to proceed is a result of mental
retardation:
(A) provided that the child meets the commitment
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
(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
days, which order may not specify a shorter period, but only if the
placement is agreed to in writing by the administrator of the
facility.
(b) If the court orders a child placed in a private
psychiatric inpatient facility under Subsection (a)(1)(B) or
(a)(2)(B), the state or a political subdivision of the state may be
ordered to pay any costs associated with the child's placement,
subject to an express appropriation of funds for the purpose.
SECTION 2. Subsection (a), Section 55.34, Family Code, is
amended to read as follows:
(a) If the court issues a placement order under Section
55.33(a)(1)(A) or (B) or (a)(2) [55.33(a)(1)], the court shall
order the probation department or sheriff's department to transport
the child to the designated facility.
SECTION 3. Subsection (c), Section 55.41, Family Code, is
amended to read as follows:
(c) On receipt of the court's order, the [Texas] Department
of Aging and Disability Services [Mental Health and Mental
Retardation] or the appropriate community center shall admit the
child to a residential care facility.
SECTION 4. Section 55.52, Family Code, is 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, the court shall:
(1) if the lack of responsibility is a result of mental
illness [or mental retardation]:
(A) provided that the child meets the commitment
criteria under Subtitle C or D, Title 7, Health and Safety Code,
order the child placed with the [Texas] Department of State Health
Services [Mental Health and Mental Retardation] 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]
(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
days, which order may not specify a shorter period, but only if the
placement is agreed to in writing by the administrator of the
facility; or
(C) [(2)] 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, order
the child to receive treatment on an outpatient basis for a period
of not more than 90 days, which order may not specify a shorter
period; or
(2) if the lack of responsibility is a result of mental
retardation:
(A) provided that the child meets the commitment
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
(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
days, which order may not specify a shorter period, but only if the
placement is agreed to in writing by the administrator of the
facility.
(b) If the court orders a child placed in a private
psychiatric inpatient facility under Subsection (a)(1)(B) or
(a)(2)(B), the state or a political subdivision of the state may be
ordered to pay any costs associated with the child's placement,
subject to an express appropriation of funds for the purpose.
SECTION 5. Subsection (a), Section 55.53, Family Code, is
amended to read as follows:
(a) If the court issues a placement order under Section
55.52(a)(1)(A) or (B) or (a)(2) [55.52(a)(1)], the court shall
order the probation department or sheriff's department to transport
the child to the designated facility.
SECTION 6. Subsection (c), Section 55.60, Family Code, is
amended to read as follows:
(c) On receipt of the court's order, the [Texas] Department
of Aging and Disability Services [Mental Health and Mental
Retardation] or the appropriate community center shall admit the
child to a residential care facility.
SECTION 7. This Act takes effect September 1, 2013.