87R16781 ADM-D
By: Wu H.B. No. 2107
A BILL TO BE ENTITLED
AN ACT
relating to services for children who are unfit or lack
responsibility to proceed in juvenile court proceedings as a result
of intellectual disabilities.
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 as a result of mental illness or
an intellectual disability 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 an intellectual disability:
[(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 State
Health Services or the Department of Aging and Disability Services,
as appropriate, 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]
(2) [(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:
(A) the unfitness to proceed is a result of
mental illness; and
(B) the placement is agreed to in writing by the
administrator of the facility; or
(3) subject to Subsection (c), [(2)] if [the unfitness
to proceed is a result of mental illness and] the court determines
that the child may be adequately treated or served in an alternative
setting, order the child to receive treatment for mental illness or
services for the child's intellectual disability, as appropriate,
on an outpatient basis for a period of not more than 90 days, which
order may not specify a shorter period.
(b) If the court orders a child placed in a private
psychiatric inpatient facility under Subsection (a)(2)
[(a)(1)(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.
(c) Before issuing an order described by Subsection (a)(3),
the court shall consult with the probation department and with
local treatment or service providers to determine the appropriate
treatment or services for the child.
SECTION 2. Section 55.34(a), Family Code, is amended to
read as follows:
(a) If the court issues a placement order under Section
55.33(a)(1) or (2), the court shall order the probation department
or sheriff's department to transport the child to the designated
facility.
SECTION 3. Section 55.35(b), Family Code, is amended to
read as follows:
(b) Not later than the 75th day after the date the court
issues a placement order under Section 55.33(a), the public or
private facility or outpatient center, as appropriate, shall submit
to the court a report that:
(1) describes the treatment or services provided to
[of] the child [provided] by the facility or center; and
(2) states the opinion of the director of the facility
or center as to whether the child is fit or unfit to proceed.
SECTION 4. Section 55.43(a), Family Code, is amended to
read as follows:
(a) The prosecuting attorney may file with the juvenile
court a motion for a restoration hearing concerning a child if:
(1) the child is found unfit to proceed as a result of
mental illness or an intellectual disability; and
(2) the child:
(A) is not:
(i) ordered by a court to receive inpatient
mental health or intellectual disability services;
(ii) committed by a court to a residential
care facility; or
(iii) ordered by a court to receive
treatment or services on an outpatient basis; or
(B) is discharged or currently on furlough from a
mental health facility or outpatient center before the child
reaches 18 years of age.
SECTION 5. 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 as a result of mental illness or an intellectual disability,
the court shall:
(1) [if the lack of responsibility is a result of
mental illness or an intellectual disability:
[(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 State
Health Services or the Department of Aging and Disability Services,
as appropriate, 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]
(2) [(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:
(A) the child's lack of responsibility is a
result of mental illness; and
(B) the placement is agreed to in writing by the
administrator of the facility; or
(3) subject to Subsection (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 or served in an
alternative setting, order the child to receive treatment for
mental illness or services for the child's intellectual disability,
as appropriate, on an outpatient basis for a period of not more than
90 days, which order may not specify a shorter period.
(b) If the court orders a child placed in a private
psychiatric inpatient facility under Subsection (a)(2)
[(a)(1)(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.
(c) Before issuing an order described by Subsection (a)(3),
the court shall consult with the probation department and with
local treatment or service providers to determine the appropriate
treatment or services for the child.
SECTION 6. Section 55.53(a), Family Code, is amended to
read as follows:
(a) If the court issues a placement order under Section
55.52(a)(1) or (2), the court shall order the probation department
or sheriff's department to transport the child to the designated
facility.
SECTION 7. Section 55.54(b), Family Code, is amended to
read as follows:
(b) Not later than the 75th day after the date the court
issues a placement order under Section 55.52(a), the public or
private facility or outpatient center, as appropriate, shall submit
to the court a report that:
(1) describes the treatment or services provided to
[of] the child [provided] by the facility or center; and
(2) states the opinion of the director of the facility
or center as to whether the child has a mental illness or an
intellectual disability.
SECTION 8. This Act takes effect September 1, 2021.