Texas 2021 - 87th Regular

Texas House Bill HB2107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2107
	1	+	By: Wu (Senate Sponsor - Menéndez) H.B. No. 2107
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to services for children who are unfit or lack
6	12		responsibility to proceed in juvenile court proceedings as a result
7	13		of intellectual disabilities.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 55.33, Family Code, is amended to read as
10	16		follows:
11	17		Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
12	18		PROCEED. (a) If the juvenile court or jury determines under
13	19		Section 55.32 that a child is unfit as a result of mental illness or
14	20		an intellectual disability to proceed with the juvenile court
15	21		proceedings for delinquent conduct, the court shall:
16	22		(1) [if the unfitness to proceed is a result of mental
17	23		illness or an intellectual disability:
18	24		[(A)] provided that the child meets the
19	25		commitment criteria under Subtitle C or D, Title 7, Health and
20	26		Safety Code, order the child placed with the Department of State
21	27		Health Services or the Department of Aging and Disability Services,
22	28		as appropriate, for a period of not more than 90 days, which order
23	29		may not specify a shorter period, for placement in a facility
24	30		designated by the department; [or]
25	31		(2) [(B)] on application by the child's parent,
26	32		guardian, or guardian ad litem, order the child placed in a private
27	33		psychiatric inpatient facility for a period of not more than 90
28	34		days, which order may not specify a shorter period, but only if:
29	35		(A) the unfitness to proceed is a result of
30	36		mental illness; and
31	37		(B) the placement is agreed to in writing by the
32	38		administrator of the facility; or
33	39		(3) subject to Subsection (c), [(2)] if [the unfitness
34	40		to proceed is a result of mental illness and] the court determines
35	41		that the child may be adequately treated or served in an alternative
36	42		setting, order the child to receive treatment for mental illness or
37	43		services for the child's intellectual disability, as appropriate,
38	44		on an outpatient basis for a period of not more than 90 days, which
39	45		order may not specify a shorter period.
40	46		(b) If the court orders a child placed in a private
41	47		psychiatric inpatient facility under Subsection (a)(2)
42	48		[(a)(1)(B)], the state or a political subdivision of the state may
43	49		be ordered to pay any costs associated with the child's placement,
44	50		subject to an express appropriation of funds for the purpose.
45	51		(c) Before issuing an order described by Subsection (a)(3),
46	52		the court shall consult with the probation department and with
47	53		local treatment or service providers to determine the appropriate
48	54		treatment or services for the child.
49	55		SECTION 2. Section 55.34(a), Family Code, is amended to
50	56		read as follows:
51	57		(a) If the court issues a placement order under Section
52	58		55.33(a)(1) or (2), the court shall order the probation department
53	59		or sheriff's department to transport the child to the designated
54	60		facility.
55	61		SECTION 3. Section 55.35(b), Family Code, is amended to
56	62		read as follows:
57	63		(b) Not later than the 75th day after the date the court
58	64		issues a placement order under Section 55.33(a), the public or
59	65		private facility or outpatient center, as appropriate, shall submit
60	66		to the court a report that:
61	67		(1) describes the treatment or services provided to
62	68		[of] the child [provided] by the facility or center; and
63	69		(2) states the opinion of the director of the facility
64	70		or center as to whether the child is fit or unfit to proceed.
65	71		SECTION 4. Section 55.43(a), Family Code, is amended to
66	72		read as follows:
67	73		(a) The prosecuting attorney may file with the juvenile
68	74		court a motion for a restoration hearing concerning a child if:
69	75		(1) the child is found unfit to proceed as a result of
70	76		mental illness or an intellectual disability; and
71	77		(2) the child:
72	78		(A) is not:
73	79		(i) ordered by a court to receive inpatient
74	80		mental health or intellectual disability services;
75	81		(ii) committed by a court to a residential
76	82		care facility; or
77	83		(iii) ordered by a court to receive
78	84		treatment or services on an outpatient basis; or
79	85		(B) is discharged or currently on furlough from a
80	86		mental health facility or outpatient center before the child
81	87		reaches 18 years of age.
82	88		SECTION 5. Section 55.52, Family Code, is amended to read as
83	89		follows:
84	90		Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
85	91		RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
86	92		child is not responsible for the child's conduct under Section
87	93		55.51 as a result of mental illness or an intellectual disability,
88	94		the court shall:
89	95		(1) [if the lack of responsibility is a result of
90	96		mental illness or an intellectual disability:
91	97		[(A)] provided that the child meets the
92	98		commitment criteria under Subtitle C or D, Title 7, Health and
93	99		Safety Code, order the child placed with the Department of State
94	100		Health Services or the Department of Aging and Disability Services,
95	101		as appropriate, for a period of not more than 90 days, which order
96	102		may not specify a shorter period, for placement in a facility
97	103		designated by the department; [or]
98	104		(2) [(B)] on application by the child's parent,
99	105		guardian, or guardian ad litem, order the child placed in a private
100	106		psychiatric inpatient facility for a period of not more than 90
101	107		days, which order may not specify a shorter period, but only if:
102	108		(A) the child's lack of responsibility is a
103	109		result of mental illness; and
104	110		(B) the placement is agreed to in writing by the
105	111		administrator of the facility; or
106	112		(3) subject to Subsection (c), [(2)] if [the child's
107	113		lack of responsibility is a result of mental illness and] the court
108	114		determines that the child may be adequately treated or served in an
109	115		alternative setting, order the child to receive treatment for
110	116		mental illness or services for the child's intellectual disability,
111	117		as appropriate, on an outpatient basis for a period of not more than
112	118		90 days, which order may not specify a shorter period.
113	119		(b) If the court orders a child placed in a private
114	120		psychiatric inpatient facility under Subsection (a)(2)
115	121		[(a)(1)(B)], the state or a political subdivision of the state may
116	122		be ordered to pay any costs associated with the child's placement,
117	123		subject to an express appropriation of funds for the purpose.
118	124		(c) Before issuing an order described by Subsection (a)(3),
119	125		the court shall consult with the probation department and with
120	126		local treatment or service providers to determine the appropriate
121	127		treatment or services for the child.
122	128		SECTION 6. Section 55.53(a), Family Code, is amended to
123	129		read as follows:
124	130		(a) If the court issues a placement order under Section
125	131		55.52(a)(1) or (2), the court shall order the probation department
126	132		or sheriff's department to transport the child to the designated
127	133		facility.
128	134		SECTION 7. Section 55.54(b), Family Code, is amended to
129	135		read as follows:
130	136		(b) Not later than the 75th day after the date the court
131	137		issues a placement order under Section 55.52(a), the public or
132	138		private facility or outpatient center, as appropriate, shall submit
133	139		to the court a report that:
134	140		(1) describes the treatment or services provided to
135	141		[of] the child [provided] by the facility or center; and
136	142		(2) states the opinion of the director of the facility
137	143		or center as to whether the child has a mental illness or an
138	144		intellectual disability.
139	145		SECTION 8. This Act takes effect September 1, 2021.
140		-	______________________________ ______________________________
141		-	President of the Senate Speaker of the House
142		-	I certify that H.B. No. 2107 was passed by the House on May 8,
143		-	2021, by the following vote: Yeas 119, Nays 20, 2 present, not
144		-	voting.
145		-	______________________________
146		-	Chief Clerk of the House
147		-	I certify that H.B. No. 2107 was passed by the Senate on May
148		-	24, 2021, by the following vote: Yeas 29, Nays 1.
149		-	______________________________
150		-	Secretary of the Senate
151		-	APPROVED: _____________________
152		-	Date
153		-	_____________________
154		-	Governor
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