Texas 2023 - 88th Regular

Texas House Bill HB2037 Compare Versions

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1	1	By: A. Johnson of Harris H.B. No. 2037
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain proceedings in juvenile court for children with
7	7	mental illness and intellectual disabilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 51.20(a), (b), (c), and (d), Family
10	10	Code, are amended to read as follows:
11	11	(a) At any stage of the proceedings under this title,
12	12	including when a child is initially detained in a pre-adjudication
13	13	secure detention facility or a post-adjudication secure
14	14	correctional facility, the juvenile court may, at its discretion or
15	15	at the request of the child's parent or guardian, order a child who
16	16	is referred to the juvenile court or who is alleged by a petition or
17	17	found to have engaged in delinquent conduct or conduct indicating a
18	18	need for supervision to be examined by a disinterested expert,
19	19	including a physician, psychiatrist, or psychologist, qualified by
20	20	education and clinical training in mental health or intellectual
21	21	disability [mental retardation] and experienced in forensic
22	22	evaluation, to determine whether the child has a mental illness as
23	23	defined by Section 571.003, Health and Safety Code, is a person with
24	24	an intellectual disability [mental retardation] as defined by
25	25	Section 591.003, Health and Safety Code, or suffers from chemical
26	26	dependency as defined by Section 464.001, Health and Safety
27	27	Code. [If the examination is to include a determination of the
28	28	child's fitness to proceed, an expert may be appointed to conduct
29	29	the examination only if the expert is qualified under Subchapter B,
30	30	Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
31	31	criminal case, and the examination and the report resulting from an
32	32	examination under this subsection must comply with the requirements
33	33	under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
34	34	the examination and resulting report of a defendant in a criminal
35	35	case.]
36	36	(b) If, after conducting an examination of a child ordered
37	37	under Subsection (a) and reviewing any other relevant information,
38	38	there is reason to believe that the child has a mental illness or
39	39	intellectual disability [mental retardation] or suffers from
40	40	chemical dependency, the probation department shall refer the child
41	41	to the local mental health [or mental retardation] authority, to
42	42	the local intellectual and developmental disability authority, or
43	43	to another appropriate and legally authorized agency or provider
44	44	for evaluation and services, unless the prosecuting attorney has
45	45	filed a petition under Section 53.04.
46	46	(c) If, while a child is under deferred prosecution
47	47	supervision or court-ordered probation, a qualified professional
48	48	determines that the child has a mental illness or intellectual
49	49	disability [mental retardation] or suffers from chemical
50	50	dependency and the child is not currently receiving treatment
51	51	services for the mental illness, intellectual disability [mental
52	52	retardation], or chemical dependency, the probation department
53	53	shall refer the child to the local mental health [or mental
54	54	retardation] authority, to the local intellectual and
55	55	developmental disability authority, or to another appropriate and
56	56	legally authorized agency or provider for evaluation and services.
57	57	(d) A probation department shall report each referral of a
58	58	child to a local mental health [or mental retardation] authority,
59	59	to a local intellectual and developmental disability authority, or
60	60	to another agency or provider made under Subsection (b) or (c) to
61	61	the Texas Juvenile Justice Department in a format specified by the
62	62	department.
63	63	SECTION 2. Subchapter A, Chapter 55, Family Code, is
64	64	amended to read as follows:
65	65	SUBCHAPTER A. GENERAL PROVISIONS
66	66	Sec. 55.01. DEFINITIONS [MEANING OF "HAVING A MENTAL
67	67	ILLNESS"]. In [For purposes of] this chapter:
68	68	(1) "Adaptive behavior" and "intellectual disability"
69	69	have the meanings assigned by Section 591.003, Health and Safety
70	70	Code.
71	71	(2) "Child with an intellectual disability" means a
72	72	child determined by a physician or psychologist licensed in this
73	73	state to have subaverage general intellectual functioning with
74	74	deficits in adaptive behavior.
75	75	(3) "Child with mental illness" [, a child who is
76	76	described as having a mental illness] means a child determined by a
77	77	physician or psychologist licensed in this state to have [with] a
78	78	mental illness.
79	79	(4) "Interdisciplinary team" means a group of
80	80	intellectual disability professionals and paraprofessionals who
81	81	assess the treatment, training, and habilitation needs of a person
82	82	with an intellectual disability and make recommendations for
83	83	services for that person.
84	84	(5) "Least restrictive appropriate setting" means the
85	85	treatment or service setting closest to the child's home that
86	86	provides the child with the greatest probability of improvement and
87	87	is no more restrictive of the child's physical or social liberties
88	88	than is necessary to provide the child with the most effective
89	89	treatment or services and to protect adequately against any danger
90	90	the child poses to self or others.
91	91	(6) "Mental illness" has the meaning assigned by
92	92	Section 571.003, Health and Safety Code.
93	93	(7) "Restoration classes" means curriculum-based
94	94	educational sessions a child attends to assist in restoring the
95	95	child's fitness to proceed, including the child's capacity to
96	96	understand the proceedings in juvenile court and to assist in the
97	97	child's own defense.
98	98	(8) "Subaverage general intellectual functioning"
99	99	means intelligence that is measured on standardized psychometric
100	100	instruments of two or more standard deviations below the age-group
101	101	mean for the instruments used [as defined by Section 571.003,
102	102	Health and Safety Code].
103	103	Sec. 55.02. MENTAL HEALTH AND INTELLECTUAL DISABILITY
104	104	JURISDICTION. For the purpose of initiating proceedings to order
105	105	mental health or intellectual disability services for a child [or
106	106	for commitment of a child] as provided by this chapter, the juvenile
107	107	court has jurisdiction of proceedings under Subtitle C or D, Title
108	108	7, Health and Safety Code.
109	109	Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by
110	110	this chapter, a child for whom inpatient or outpatient mental
111	111	health services are [is] ordered by a court under this chapter shall
112	112	be cared for as provided by Subtitle C, Title 7, Health and Safety
113	113	Code.
114	114	(b) Except as provided by this chapter, a child who is
115	115	ordered [committed] by a court to a residential care facility due to
116	116	an intellectual disability shall be cared for as provided by
117	117	Subtitle D, Title 7, Health and Safety Code.
118	118	Sec. 55.04. FORENSIC MENTAL EXAMINATION. (a) In this
119	119	section, "forensic mental examination" means an examination by a
120	120	disinterested physician or psychologist to determine if a child who
121	121	is alleged by petition or found to have engaged in delinquent
122	122	conduct or conduct indicating a need for supervision is a child with
123	123	mental illness, is unfit to proceed in juvenile court due to mental
124	124	illness or an intellectual disability, or lacks responsibility for
125	125	conduct due to mental illness or an intellectual disability.
126	126	(b) A juvenile court may order a forensic mental examination
127	127	if the court determines that probable cause exists to believe that a
128	128	child who is alleged by petition or found to have engaged in
129	129	delinquent conduct or conduct indicating a need for supervision is
130	130	a child with mental illness, is unfit to proceed in juvenile court
131	131	due to mental illness or an intellectual disability, or lacks
132	132	responsibility for conduct due to mental illness or an intellectual
133	133	disability.
134	134	(c) To qualify for appointment as an expert under this
135	135	chapter, a physician or psychologist must:
136	136	(1) as appropriate, be a physician licensed in this
137	137	state or be a psychologist licensed in this state who has a doctoral
138	138	degree in psychology; and
139	139	(2) have the following certification or training:
140	140	(A) as appropriate, certification by:
141	141	(i) the American Board of Psychiatry and
142	142	Neurology with added or special qualifications in forensic
143	143	psychiatry; or
144	144	(ii) the American Board of Professional
145	145	Psychology in forensic psychology; or
146	146	(B) training consisting of:
147	147	(i) at least 24 hours of specialized
148	148	forensic training relating to incompetency, fitness to proceed,
149	149	lack of responsibility for conduct, or insanity evaluations; and
150	150	(ii) at least eight hours of continuing
151	151	education relating to forensic evaluations, completed in the 12
152	152	months preceding the date of the appointment.
153	153	(d) In addition to meeting the qualifications required by
154	154	Subsection (c), to be appointed as an expert, a physician or
155	155	psychologist must have completed six hours of required continuing
156	156	education in courses in forensic psychiatry or psychology, as
157	157	appropriate, in the 24 months preceding the appointment.
158	158	(e) A court may appoint as an expert a physician or
159	159	psychologist who does not meet the requirements of Subsections (c)
160	160	and (d) only if the court determines that exigent circumstances
161	161	require the court to appoint an expert with specialized expertise
162	162	to examine the child that is not ordinarily possessed by a physician
163	163	or psychologist who meets the requirements of Subsections (c) and
164	164	(d).
165	165	Sec. 55.05. CRITERIA FOR COURT-ORDERED MENTAL HEALTH
166	166	SERVICES FOR CHILD. (a) A juvenile court may order a child who is
167	167	subject to the jurisdiction of the juvenile court to receive
168	168	temporary inpatient mental health services only if the court finds,
169	169	from clear and convincing evidence, that:
170	170	(1) the child is a child with mental illness; and
171	171	(2) as a result of that mental illness, the child:
172	172	(A) is likely to cause serious harm to the
173	173	child's self;
174	174	(B) is likely to cause serious harm to others; or
175	175	(C) is:
176	176	(i) suffering severe and abnormal mental,
177	177	emotional, or physical distress;
178	178	(ii) experiencing substantial mental or
179	179	physical deterioration of the child's ability to function
180	180	independently; and
181	181	(iii) unable to make a rational and
182	182	informed decision as to whether to submit to treatment or is
183	183	unwilling to submit to treatment.
184	184	(b) A juvenile court may order a child who is subject to the
185	185	jurisdiction of the juvenile court to receive temporary outpatient
186	186	mental health services only if the court finds:
187	187	(1) that appropriate mental health services are
188	188	available to the child; and
189	189	(2) clear and convincing evidence that:
190	190	(A) the child is a child with severe and
191	191	persistent mental illness;
192	192	(B) as a result of the mental illness, the child
193	193	will, if not treated, experience deterioration of the ability to
194	194	function independently to the extent that the child will be unable
195	195	to live safely in the community without court-ordered outpatient
196	196	mental health services;
197	197	(C) outpatient mental health services are needed
198	198	to prevent a relapse that would likely result in serious harm to the
199	199	child or others; and
200	200	(D) the child has an inability to effectively and
201	201	voluntarily participate in outpatient treatment services,
202	202	demonstrated by:
203	203	(i) any of the child's actions occurring
204	204	within the two-year period preceding the date of the hearing; or
205	205	(ii) specific characteristics of the
206	206	child's clinical condition that significantly impair the child's
207	207	ability to make a rational and informed decision as to whether to
208	208	submit to voluntary outpatient treatment.
209	209	(c) A juvenile court may order a child who is subject to the
210	210	jurisdiction of the juvenile court to receive extended inpatient
211	211	mental health services only if the court finds, from clear and
212	212	convincing evidence, that, in addition to the findings in
213	213	Subsection (a):
214	214	(1) the child's condition is expected to continue for
215	215	more than 90 days; and
216	216	(2) the child has received court-ordered inpatient
217	217	mental health services under this chapter or under Chapter 574,
218	218	Health and Safety Code, for at least 60 consecutive days during the
219	219	preceding 12 months.
220	220	(d) A juvenile court may order a child who is subject to the
221	221	jurisdiction of the juvenile court to receive extended outpatient
222	222	mental health services only if, in addition to the findings in
223	223	Subsection (b):
224	224	(1) the child's condition is expected to continue for
225	225	more than 90 days; and
226	226	(2) the child has received:
227	227	(A) court-ordered inpatient mental health
228	228	services under this chapter or under Chapter 574, Health and Safety
229	229	Code, for at least 60 consecutive days during the preceding 12
230	230	months; or
231	231	(B) court-ordered outpatient mental health
232	232	services under this chapter or under Chapter 574, Health and Safety
233	233	Code, during the preceding 60 days.
234	234	Sec. 55.06. CRITERIA FOR COURT-ORDERED RESIDENTIAL
235	235	INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be
236	236	court-ordered to receive services at a residential care facility
237	237	unless:
238	238	(1) the child is a child with an intellectual
239	239	disability;
240	240	(2) evidence is presented showing that because of the
241	241	child's intellectual disability, the child:
242	242	(A) represents a substantial risk of physical
243	243	impairment or injury to the child or others; or
244	244	(B) is unable to provide for and is not providing
245	245	for the child's most basic personal physical needs;
246	246	(3) the child cannot be adequately and appropriately
247	247	habilitated in an available, less restrictive setting;
248	248	(4) the residential care facility provides
249	249	habilitative services, care, training, and treatment appropriate
250	250	to the child's needs; and
251	251	(5) an interdisciplinary team recommends placement in
252	252	the residential care facility.
253	253	SECTION 3. The heading to Subchapter B, Chapter 55, Family
254	254	Code, is amended to read as follows:
255	255	SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH
256	256	MENTAL ILLNESS
257	257	SECTION 4. Sections 55.11(b) and (c), Family Code, are
258	258	amended to read as follows:
259	259	(b) If the court determines that probable cause exists to
260	260	believe that the child is a child with [has a] mental illness, the
261	261	court shall temporarily stay the juvenile court proceedings and
262	262	immediately order the child to be examined under Section 55.04
263	263	[51.20]. The information obtained from the examination must
264	264	include expert opinion as to:
265	265	(1) whether the child is a child with [has a] mental
266	266	illness;
267	267	(2) [and] whether the child meets the [commitment]
268	268	criteria for court-ordered mental health services under Section
269	269	55.05 for:
270	270	(A) temporary inpatient mental health services;
271	271	(B) temporary outpatient mental health services;
272	272	(C) extended inpatient mental health services;
273	273	or
274	274	(D) extended outpatient mental health services;
275	275	and
276	276	(3) if applicable, the specific criteria the child
277	277	meets under Subdivision (2) [under Subtitle C, Title 7, Health and
278	278	Safety Code. If ordered by the court, the information must also
279	279	include expert opinion as to whether the child is unfit to proceed
280	280	with the juvenile court proceedings].
281	281	(c) After considering all relevant information, including
282	282	information obtained from an examination under Section 55.04
283	283	[51.20], the court shall:
284	284	(1) proceed under Section 55.12 if the court
285	285	determines that evidence exists to support a finding that the child
286	286	is a child with [has a] mental illness and that the child meets the
287	287	[commitment] criteria for court-ordered mental health services
288	288	under Section 55.05 [Subtitle C, Title 7, Health and Safety Code,
289	289	proceed under Section 55.12]; or
290	290	(2) dissolve the stay and continue the juvenile court
291	291	proceedings if the court determines that evidence does not exist to
292	292	support a finding that the child is a child with [has a] mental
293	293	illness or that the child meets the [commitment] criteria for
294	294	court-ordered mental health services under Section 55.05 [Subtitle
295	295	C, Title 7, Health and Safety Code, dissolve the stay and continue
296	296	the juvenile court proceedings].
297	297	SECTION 5. Sections 55.12, 55.15, 55.16, 55.17, 55.18, and
298	298	55.19, Family Code, are amended to read as follows:
299	299	Sec. 55.12. INITIATION OF [COMMITMENT] PROCEEDINGS FOR
300	300	COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all
301	301	relevant information, the juvenile court determines that evidence
302	302	exists to support a finding that a child is a child with [has a]
303	303	mental illness and that the child meets the [commitment] criteria
304	304	for court-ordered mental health services under Section 55.05 [under
305	305	Subtitle C, Title 7, Health and Safety Code], the court shall:
306	306	(1) initiate proceedings as provided by Section 55.65
307	307	[55.13] to order temporary or extended mental health services, as
308	308	provided in this chapter and Subchapter C, Chapter 574, Health and
309	309	Safety Code; or
310	310	(2) refer the child's case as provided by Section 55.68
311	311	[55.14] to the appropriate court for the initiation of proceedings
312	312	in that court to order temporary or extended mental health services
313	313	for [commitment of] the child under this chapter and Subchapter C,
314	314	Chapter 574, Health and Safety Code.
315	315	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
316	316	FOR MENTAL HEALTH SERVICES. Treatment ordered under this
317	317	subchapter for a child with mental illness must focus on the
318	318	stabilization of the child's mental illness and on meeting the
319	319	child's psychiatric needs in the least restrictive appropriate
320	320	setting. If the juvenile court or a court to which the child's case
321	321	is referred under Section 55.12(2) orders mental health services
322	322	for the child, the child shall be cared for, treated, and released
323	323	in conformity to Subtitle C, Title 7, Health and Safety Code,
324	324	except:
325	325	(1) a court order for mental health services for a
326	326	child automatically expires on the 120th day after the date the
327	327	child becomes 18 years of age; and
328	328	(2) the administrator of a mental health facility
329	329	shall notify, in writing, by certified mail, return receipt
330	330	requested, the juvenile court that ordered mental health services
331	331	or the juvenile court that referred the case to a court that ordered
332	332	the mental health services of the intent to discharge the child at
333	333	least 10 days prior to discharge.
334	334	Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
335	335	PROCEEDINGS. (a) If the court to which the child's case is
336	336	referred under Section 55.12(2) orders temporary or extended
337	337	[inpatient] mental health services for the child, the court shall
338	338	immediately notify in writing the referring juvenile court of the
339	339	court's order for mental health services.
340	340	(b) If the juvenile court orders temporary or extended
341	341	[inpatient] mental health services for the child or if the juvenile
342	342	court receives notice under Subsection (a) from the court to which
343	343	the child's case is referred, the proceedings under this title then
344	344	pending in juvenile court shall be stayed.
345	345	Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED;
346	346	DISSOLUTION OF STAY. (a) If the court to which a child's case is
347	347	referred under Section 55.12(2) does not order temporary or
348	348	extended [inpatient] mental health services for the child, the
349	349	court shall immediately notify in writing the referring juvenile
350	350	court of the court's decision.
351	351	(b) If the juvenile court does not order temporary or
352	352	extended [inpatient] mental health services for the child or if the
353	353	juvenile court receives notice under Subsection (a) from the court
354	354	to which the child's case is referred, the juvenile court shall
355	355	dissolve the stay and continue the juvenile court proceedings.
356	356	Sec. 55.18. DISCHARGE FROM COURT-ORDERED INPATIENT OR
357	357	OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18
358	358	YEARS OF AGE. If the child is discharged from the mental health
359	359	facility or from outpatient treatment services before reaching 18
360	360	years of age, the juvenile court may:
361	361	(1) dismiss the juvenile court proceedings with
362	362	prejudice; or
363	363	(2) dissolve the stay and continue with proceedings
364	364	under this title as though no order of mental health services had
365	365	been made.
366	366	Sec. 55.19. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
367	367	18TH BIRTHDAY. (a) The juvenile court may waive its exclusive
368	368	original jurisdiction and [shall] transfer all pending proceedings
369	369	from the juvenile court to a criminal court on or after the 18th
370	370	birthday of a child for whom the juvenile court or a court to which
371	371	the child's case was [is] referred under Section 55.12(2) [has]
372	372	ordered inpatient mental health services if:
373	373	(1) the child is not discharged or furloughed from the
374	374	inpatient mental health facility before reaching 18 years of age;
375	375	and
376	376	(2) the child is alleged to have engaged in delinquent
377	377	conduct that included a violation of a penal law listed in Section
378	378	53.045 and no adjudication concerning the alleged conduct has been
379	379	made.
380	380	(b) A court conducting a waiver of jurisdiction and
381	381	discretionary transfer hearing under this section shall conduct the
382	382	hearing according to Sections 54.02(j), (k), and (l).
383	383	(c) If after the hearing the juvenile court waives its
384	384	jurisdiction and transfers the person to criminal court, the [The]
385	385	juvenile court shall send notification of the transfer of a child
386	386	under Subsection (a) to the inpatient mental health facility. The
387	387	criminal court shall, within 90 days of the transfer, institute
388	388	proceedings under Chapter 46B, Code of Criminal Procedure. If
389	389	those or any subsequent proceedings result in a determination that
390	390	the defendant is competent to stand trial, the defendant may not
391	391	receive a punishment for the delinquent conduct described by
392	392	Subsection (a)(2) that results in confinement for a period longer
393	393	than the maximum period of confinement the defendant could have
394	394	received if the defendant had been adjudicated for the delinquent
395	395	conduct while still a child and within the jurisdiction of the
396	396	juvenile court.
397	397	SECTION 6. Section 55.31, Family Code, is amended by
398	398	amending Subsections (c) and (d) and adding Subsections (e) and (f)
399	399	to read as follows:
400	400	(c) If the court determines that probable cause exists to
401	401	believe that the child is unfit to proceed, the court shall
402	402	temporarily stay the juvenile court proceedings and immediately
403	403	order the child to be examined under Section 55.04 [51.20. The
404	404	information obtained from the examination must include expert
405	405	opinion as to whether the child is unfit to proceed as a result of
406	406	mental illness or an intellectual disability].
407	407	(d) During an examination ordered under this section, and in
408	408	any report based on that examination, an expert shall consider, in
409	409	addition to other issues determined relevant by the expert:
410	410	(1) whether the child, as supported by current
411	411	indications and the child's personal history:
412	412	(A) is a child with mental illness; or
413	413	(B) is a child with an intellectual disability;
414	414	(2) the child's capacity to:
415	415	(A) appreciate the allegations against the
416	416	child;
417	417	(B) appreciate the range and nature of allowable
418	418	dispositions that may be imposed in the proceedings against the
419	419	child;
420	420	(C) understand the roles of the participants and
421	421	the adversarial nature of the legal process;
422	422	(D) display appropriate courtroom behavior; and
423	423	(E) testify relevantly; and
424	424	(3) the degree of impairment resulting from the
425	425	child's mental illness or intellectual disability and the specific
426	426	impact on the child's capacity to engage with counsel in a
427	427	reasonable and rational manner.
428	428	(e) An expert's report to the court must state an opinion on
429	429	the child's fitness to proceed or explain why the expert is unable
430	430	to state that opinion and include:
431	431	(1) the child's history and current status regarding
432	432	any possible mental illness or intellectual disability;
433	433	(2) the child's developmental history as it relates to
434	434	any possible mental illness or intellectual disability;
435	435	(3) the child's functional abilities related to
436	436	fitness to stand trial;
437	437	(4) the relationship between deficits in the child's
438	438	functional abilities related to fitness to proceed and any mental
439	439	illness or intellectual disability; and
440	440	(5) if the expert believes the child is in need of
441	441	remediation or restoration services, a discussion of:
442	442	(A) whether the child's abilities are likely to
443	443	be remediated or restored within the period described by Section
444	444	55.33(a)(1), (2), or (3);
445	445	(B) whether the child may be adequately treated
446	446	in an alternative setting;
447	447	(C) any recommended interventions to aid in the
448	448	remediation or restoration of the child's fitness;
449	449	(D) whether the child meets criteria for
450	450	court-ordered treatment or services under Section 55.05 or 55.06;
451	451	and
452	452	(E) if applicable, the specific criteria the
453	453	child meets under Paragraph (D).
454	454	(f) [(d)] After considering all relevant information,
455	455	including information obtained from an examination under Section
456	456	55.04 [51.20], the court shall:
457	457	(1) if the court determines that evidence exists to
458	458	support a finding that the child is unfit to proceed, proceed under
459	459	Section 55.32; or
460	460	(2) if the court determines that evidence does not
461	461	exist to support a finding that the child is unfit to proceed,
462	462	dissolve the stay and continue the juvenile court proceedings.
463	463	SECTION 7. Sections 55.33 and 55.35, Family Code, are
464	464	amended to read as follows:
465	465	Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
466	466	PROCEED. (a) If the juvenile court or jury determines under
467	467	Section 55.32 that a child is unfit as a result of mental illness or
468	468	an intellectual disability to proceed with the juvenile court
469	469	proceedings for delinquent conduct, the court shall:
470	470	(1) provided that the child meets the inpatient mental
471	471	health services or residential intellectual disability services
472	472	[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
473	473	D, Title 7, Health and Safety Code], order the child placed with the
474	474	Health and Human Services Commission [Department of State Health
475	475	Services or the Department of Aging and Disability Services, as
476	476	appropriate,] for a period of not more than 90 days, which order may
477	477	not specify a shorter period, for placement in a facility
478	478	designated by the commission [department];
479	479	(2) on application by the child's parent, guardian, or
480	480	guardian ad litem, order the child placed in a private psychiatric
481	481	inpatient facility or residential care facility for a period of not
482	482	more than 90 days, which order may not specify a shorter period, but
483	483	only if:
484	484	(A) the unfitness to proceed is a result of
485	485	mental illness or an intellectual disability; and
486	486	(B) the placement is agreed to in writing by the
487	487	administrator of the facility; or
488	488	(3) subject to Subsection (d) [(c)], if the court
489	489	determines that the child may be adequately treated or served in an
490	490	alternative setting and finds that the child does not meet criteria
491	491	for court-ordered inpatient mental health services or residential
492	492	intellectual disability services under Section 55.05 or 55.06,
493	493	order the child to receive treatment for mental illness or services
494	494	for the child's intellectual disability, as appropriate, on an
495	495	outpatient basis for a period of [not more than] 90 days, with the
496	496	possibility of extension as ordered by the court [which order may
497	497	not specify a shorter period].
498	498	(b) If a child receives treatment for mental illness or
499	499	services for the child's intellectual disability on an outpatient
500	500	basis in an alternative setting under Subsection (a)(3), juvenile
501	501	probation departments may provide restoration classes in
502	502	collaboration with the outpatient alternative setting.
503	503	(c) If the court orders a child placed in a private
504	504	psychiatric inpatient facility or residential care facility under
505	505	Subsection (a)(2) or in an alternative setting under Subsection
506	506	(a)(3), the state or a political subdivision of the state may be
507	507	ordered to pay any costs associated with the ordered services
508	508	[child's placement], subject to an express appropriation of funds
509	509	for the purpose.
510	510	(d) [(c)] Before issuing an order described by Subsection
511	511	(a)(3), the court shall consult with the local juvenile probation
512	512	department, [and] with local treatment or service providers, with
513	513	the local mental health authority, and with the local intellectual
514	514	and developmental disability authority to determine the
515	515	appropriate treatment or services and restoration classes for the
516	516	child.
517	517	Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY OR
518	518	ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court
519	519	issues an [a placement] order under Section 55.33(a), the court
520	520	shall order the probation department to send copies of any
521	521	information in the possession of the department and relevant to the
522	522	issue of the child's mental illness or intellectual disability to
523	523	the public or private facility or outpatient alternative setting
524	524	[center], as appropriate.
525	525	(b) Not later than the 75th day after the date the court
526	526	issues an [a placement] order under Section 55.33(a), the public or
527	527	private facility or outpatient alternative setting [center], as
528	528	appropriate, shall submit to the court a report that:
529	529	(1) describes the treatment or services provided to
530	530	the child by the facility or alternative setting [center]; and
531	531	(2) states the opinion of the director of the facility
532	532	or alternative setting [center] as to whether the child is fit or
533	533	unfit to proceed.
534	534	(c) If the report under Subsection (b) states that the child
535	535	is unfit to proceed, the report must also include an opinion and the
536	536	reasons for that opinion as to whether the child meets the criteria
537	537	for court-ordered mental health services or court-ordered
538	538	intellectual disability services under Section 55.05 or 55.06.
539	539	(d) The report of an outpatient alternative setting
540	540	collaborating with a juvenile probation department to provide
541	541	restoration classes must include any information provided by the
542	542	juvenile probation department regarding the child's assessment at
543	543	the conclusion of the restoration classes.
544	544	(e) The court shall provide a copy of the report submitted
545	545	under Subsection (b) to the prosecuting attorney and the attorney
546	546	for the child.
547	547	SECTION 8. Section 55.36(d), Family Code, is amended to
548	548	read as follows:
549	549	(d) If, after a hearing, the court or jury finds that the
550	550	child is unfit to proceed, the court shall proceed under Section
551	551	55.37 or 55.40, as appropriate.
552	552	SECTION 9. Sections 55.37 and 55.40, Family Code, are
553	553	amended to read as follows:
554	554	Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
555	555	RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS
556	556	FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted
557	557	under Section 55.35(b) states that a child is unfit to proceed as a
558	558	result of mental illness and that the child meets the [commitment]
559	559	criteria for court-ordered mental health services under Section
560	560	55.05 [civil commitment under Subtitle C, Title 7, Health and
561	561	Safety Code], the director of the public or private facility or
562	562	outpatient alternative setting [center], as appropriate, shall
563	563	submit to the court two certificates of medical examination for
564	564	mental illness, as described by Subchapter A, Chapter 574, Health
565	565	and Safety Code. On receipt of the certificates, the court shall:
566	566	(1) initiate proceedings as provided by Section 55.66
567	567	for temporary or extended mental health services, as provided by
568	568	this chapter and Subchapter C, Chapter 574, [55.38 in the juvenile
569	569	court for commitment of the child under Subtitle C, Title 7,] Health
570	570	and Safety Code; or
571	571	(2) refer the child's case as provided by Section 55.68
572	572	[55.39] to the appropriate court for the initiation of proceedings
573	573	in that court for temporary or extended mental health services for
574	574	[commitment of] the child under this chapter and Subchapter C,
575	575	Chapter 574, [Subtitle C, Title 7,] Health and Safety Code.
576	576	Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
577	577	RESULT OF INTELLECTUAL DISABILITY. If a report submitted under
578	578	Section 55.35(b) states that a child is unfit to proceed as a result
579	579	of an intellectual disability and that the child meets the
580	580	[commitment] criteria for court-ordered residential intellectual
581	581	disability services under Section 55.06 [civil commitment under
582	582	Subtitle D, Title 7, Health and Safety Code], the director of the
583	583	residential care facility or alternative setting shall submit to
584	584	the court an affidavit stating the conclusions reached as a result
585	585	of the diagnosis. On receipt of the affidavit, the court shall:
586	586	(1) initiate proceedings as provided by Section 55.67
587	587	[55.41] in the juvenile court for court-ordered residential
588	588	intellectual disability services for [commitment of] the child
589	589	under Subtitle D, Title 7, Health and Safety Code; or
590	590	(2) refer the child's case as provided by Section 55.68
591	591	[55.42] to the appropriate court for the initiation of proceedings
592	592	in that court for court-ordered residential intellectual
593	593	disability services for [commitment of] the child under Subtitle D,
594	594	Title 7, Health and Safety Code.
595	595	SECTION 10. Section 55.43(a), Family Code, is amended to
596	596	read as follows:
597	597	(a) The prosecuting attorney may file with the juvenile
598	598	court a motion for a restoration hearing concerning a child if:
599	599	(1) the child is found unfit to proceed as a result of
600	600	mental illness or an intellectual disability; and
601	601	(2) the child:
602	602	(A) is not:
603	603	(i) ordered by a court to receive inpatient
604	604	mental health or intellectual disability services;
605	605	(ii) ordered [committed] by a court to
606	606	receive services at a residential care facility; or
607	607	(iii) ordered by a court to receive
608	608	treatment or services on an outpatient basis; or
609	609	(B) is discharged or currently on furlough from a
610	610	mental health facility or discharged from an alternative setting
611	611	[outpatient center] before the child reaches 18 years of age.
612	612	SECTION 11. Section 55.44, Family Code, is amended to read
613	613	as follows:
614	614	Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
615	615	18TH BIRTHDAY OF CHILD. (a) The juvenile court may waive its
616	616	exclusive original jurisdiction and [shall] transfer all pending
617	617	proceedings from the juvenile court to a criminal court on or after
618	618	the 18th birthday of a child for whom the juvenile court or a court
619	619	to which the child's case is referred has ordered inpatient mental
620	620	health services or residential care for persons with an
621	621	intellectual disability if:
622	622	(1) the child is not discharged or currently on
623	623	furlough from the facility before reaching 18 years of age; and
624	624	(2) the child is alleged to have engaged in delinquent
625	625	conduct that included a violation of a penal law listed in Section
626	626	53.045 and no adjudication concerning the alleged conduct has been
627	627	made.
628	628	(b) A court conducting a waiver of jurisdiction and
629	629	discretionary transfer hearing under this section shall conduct the
630	630	hearing according to Sections 54.02(j), (k), and (l).
631	631	(c) If after the hearing the juvenile court waives its
632	632	jurisdiction and transfers the case to criminal court, the [The]
633	633	juvenile court shall send notification of the transfer of a child
634	634	under Subsection (a) to the facility. The criminal court shall,
635	635	before the 91st day after the date of the transfer, institute
636	636	proceedings under Chapter 46B, Code of Criminal Procedure. If
637	637	those or any subsequent proceedings result in a determination that
638	638	the defendant is competent to stand trial, the defendant may not
639	639	receive a punishment for the delinquent conduct described by
640	640	Subsection (a)(2) that results in confinement for a period longer
641	641	than the maximum period of confinement the defendant could have
642	642	received if the defendant had been adjudicated for the delinquent
643	643	conduct while still a child and within the jurisdiction of the
644	644	juvenile court.
645	645	SECTION 12. Sections 55.45(b) and (c), Family Code, are
646	646	amended to read as follows:
647	647	(b) If the juvenile court or a court to which the child's
648	648	case is referred under Section 55.40(2) orders the intellectual
649	649	disability services for [commitment of] the child to be provided at
650	650	[to] a residential care facility, the child shall be cared for,
651	651	treated, and released in accordance with Subtitle D, Title 7,
652	652	Health and Safety Code, except that the administrator of the
653	653	residential care facility shall notify, in writing, by certified
654	654	mail, return receipt requested, the juvenile court that ordered
655	655	intellectual disability services for [commitment of] the child or
656	656	that referred the case to a court that ordered intellectual
657	657	disability services for [commitment of] the child of the intent to
658	658	discharge or furlough the child on or before the 20th day before the
659	659	date of discharge or furlough.
660	660	(c) If the referred child, as described in Subsection (b),
661	661	is alleged to have committed an offense listed in Article 42A.054,
662	662	Code of Criminal Procedure, the administrator of the residential
663	663	care facility shall apply, in writing, by certified mail, return
664	664	receipt requested, to the juvenile court that ordered services for
665	665	[commitment of] the child or that referred the case to a court that
666	666	ordered services for [commitment of] the child and show good cause
667	667	for any release of the child from the facility for more than 48
668	668	hours. Notice of this request must be provided to the prosecuting
669	669	attorney responsible for the case. The prosecuting attorney, the
670	670	juvenile, or the administrator may apply for a hearing on this
671	671	application. If no one applies for a hearing, the trial court shall
672	672	resolve the application on the written submission. The rules of
673	673	evidence do not apply to this hearing. An appeal of the trial
674	674	court's ruling on the application is not allowed. The release of a
675	675	child described in this subsection without the express approval of
676	676	the trial court is punishable by contempt.
677	677	SECTION 13. Section 55.51(b), Family Code, is amended to
678	678	read as follows:
679	679	(b) On a motion by a party in which it is alleged that a
680	680	child may not be responsible as a result of mental illness or an
681	681	intellectual disability for the child's conduct, the court shall
682	682	order the child to be examined under Section 55.04 [51.20]. The
683	683	information obtained from the examinations must include expert
684	684	opinion as to:
685	685	(1) whether the child is a child with mental illness or
686	686	an intellectual disability;
687	687	(2) whether the child is not responsible for the
688	688	child's conduct as a result of mental illness or an intellectual
689	689	disability;
690	690	(3) whether the child meets criteria for court-ordered
691	691	mental health or intellectual disability services under Section
692	692	55.05 or 55.06; and
693	693	(4) if applicable, the specific criteria the child
694	694	meets under Subdivision (3).
695	695	SECTION 14. Sections 55.52 and 55.54, Family Code, are
696	696	amended to read as follows:
697	697	Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
698	698	RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
699	699	child is not responsible for the child's conduct under Section
700	700	55.51 as a result of mental illness or an intellectual disability,
701	701	the court shall:
702	702	(1) provided that the child meets the inpatient mental
703	703	health services or residential intellectual disability services
704	704	[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
705	705	D, Title 7, Health and Safety Code], order the child placed with the
706	706	Health and Human Services Commission [Department of State Health
707	707	Services or the Department of Aging and Disability Services, as
708	708	appropriate,] for a period of not more than 90 days, which order may
709	709	not specify a shorter period, for placement in a facility
710	710	designated by the commission [department];
711	711	(2) on application by the child's parent, guardian, or
712	712	guardian ad litem, order the child placed in a private psychiatric
713	713	inpatient facility or residential care facility for a period of not
714	714	more than 90 days, which order may not specify a shorter period, but
715	715	only if:
716	716	(A) the child's lack of responsibility is a
717	717	result of mental illness or an intellectual disability; and
718	718	(B) the placement is agreed to in writing by the
719	719	administrator of the facility; or
720	720	(3) subject to Subsection (c), if the court determines
721	721	that the child may be adequately treated or served in an alternative
722	722	setting and finds that the child does not meet criteria for
723	723	court-ordered inpatient mental health services or residential
724	724	intellectual disability services under Section 55.05 or 55.06,
725	725	order the child to receive treatment for mental illness or services
726	726	for the child's intellectual disability, as appropriate, on an
727	727	outpatient basis for a period of [not more than] 90 days, with the
728	728	possibility of extension as ordered by the court [which order may
729	729	not specify a shorter period].
730	730	(b) If the court orders a child placed in a private
731	731	psychiatric inpatient facility or residential care facility under
732	732	Subsection (a)(2) or in an alternative setting under Subsection
733	733	(a)(3), the state or a political subdivision of the state may be
734	734	ordered to pay any costs associated with the ordered services
735	735	[child's placement], subject to an express appropriation of funds
736	736	for the purpose.
737	737	(c) Before issuing an order described by Subsection (a)(3),
738	738	the court shall consult with the local juvenile probation
739	739	department, [and] with local treatment or service providers, with
740	740	the local mental health authority, and with the local intellectual
741	741	and developmental disability authority to determine the
742	742	appropriate treatment or services for the child.
743	743	Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY OR
744	744	ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court
745	745	issues an [a placement] order under Section 55.52(a), the court
746	746	shall order the probation department to send copies of any
747	747	information in the possession of the department and relevant to the
748	748	issue of the child's mental illness or intellectual disability to
749	749	the public or private facility or alternative setting [outpatient
750	750	center], as appropriate.
751	751	(b) Not later than the 75th day after the date the court
752	752	issues an [a placement] order under Section 55.52(a), the public or
753	753	private facility or alternative setting [outpatient center], as
754	754	appropriate, shall submit to the court a report that:
755	755	(1) describes the treatment or services provided to
756	756	the child by the facility or alternative setting [center]; and
757	757	(2) states the opinion of the director of the facility
758	758	or alternative setting [center] as to whether the child is a child
759	759	with [has a] mental illness or an intellectual disability.
760	760	(c) If the report under Subsection (b) states that the child
761	761	is a child with mental illness or an intellectual disability, the
762	762	report must include an opinion as to whether the child meets
763	763	criteria for court-ordered mental health services or court-ordered
764	764	intellectual disability services under Section 55.05 or 55.06.
765	765	(d) [(c)] The court shall send a copy of the report
766	766	submitted under Subsection (b) to the prosecuting attorney and the
767	767	attorney for the child.
768	768	SECTION 15. Sections 55.55(b), (c), (d), and (e), Family
769	769	Code, are amended to read as follows:
770	770	(b) On objection by the prosecuting attorney under
771	771	Subsection (a), the juvenile court shall hold a hearing without a
772	772	jury to determine whether the child is a child with [has a] mental
773	773	illness or an intellectual disability and whether the child meets
774	774	the [commitment] criteria for court-ordered mental health services
775	775	or court-ordered intellectual disability services [civil
776	776	commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
777	777	Health and Safety Code].
778	778	(c) At the hearing, the burden is on the state to prove by
779	779	clear and convincing evidence that the child is a child with [has a]
780	780	mental illness or an intellectual disability and that the child
781	781	meets the [commitment] criteria for court-ordered mental health
782	782	services or court-ordered intellectual disability services [civil
783	783	commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
784	784	Health and Safety Code].
785	785	(d) If, after a hearing, the court finds that the child does
786	786	not have a mental illness or an intellectual disability and that the
787	787	child does not meet the [commitment] criteria for court-ordered
788	788	treatment services under Section 55.05 or 55.06 [Subtitle C or D,
789	789	Title 7, Health and Safety Code], the court shall discharge the
790	790	child.
791	791	(e) If, after a hearing, the court finds that the child has a
792	792	mental illness or an intellectual disability and that the child
793	793	meets the [commitment] criteria for court-ordered treatment
794	794	services under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
795	795	Health and Safety Code], the court shall issue an appropriate
796	796	[commitment] order for court-ordered mental health services or
797	797	court-ordered intellectual disability services.
798	798	SECTION 16. Section 55.56, Family Code, is amended to read
799	799	as follows:
800	800	Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS;
801	801	INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL
802	802	HEALTH SERVICES. If a report submitted under Section 55.54(b)
803	803	states that a child is a child with [has a] mental illness and that
804	804	the child meets the [commitment] criteria for court-ordered mental
805	805	health services [civil commitment] under Section 55.05 [Subtitle C,
806	806	Title 7, Health and Safety Code], the director of the public or
807	807	private facility or alternative setting [outpatient center], as
808	808	appropriate, shall submit to the court two certificates of medical
809	809	examination for mental illness, as described by Subchapter A,
810	810	Chapter 574, Health and Safety Code. On receipt of the
811	811	certificates, the court shall:
812	812	(1) initiate proceedings as provided by Section 55.66
813	813	[55.57] in the juvenile court for court-ordered mental health
814	814	services for [commitment of] the child under Subtitle C, Title 7,
815	815	Health and Safety Code; or
816	816	(2) refer the child's case as provided by Section 55.68
817	817	[55.58] to the appropriate court for the initiation of proceedings
818	818	in that court for court-ordered mental health services for
819	819	[commitment of] the child under Subtitle C, Title 7, Health and
820	820	Safety Code.
821	821	SECTION 17. Section 55.59, Family Code, is amended to read
822	822	as follows:
823	823	Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;
824	824	INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED
825	825	RESIDENTIAL INTELLECTUAL DISABILITY SERVICES. If a report
826	826	submitted under Section 55.54(b) states that a child is a child with
827	827	[has] an intellectual disability and that the child meets the
828	828	[commitment] criteria for court-ordered residential intellectual
829	829	disability services under Section 55.06 [civil commitment under
830	830	Subtitle D, Title 7, Health and Safety Code], the director of the
831	831	residential care facility or alternative setting shall submit to
832	832	the court an affidavit stating the conclusions reached as a result
833	833	of the diagnosis. On receipt of an affidavit, the juvenile court
834	834	shall:
835	835	(1) initiate proceedings in the juvenile court as
836	836	provided by Section 55.67 [55.60] for court-ordered residential
837	837	intellectual disability services for [commitment of] the child
838	838	under Subtitle D, Title 7, Health and Safety Code; or
839	839	(2) refer the child's case to the appropriate court as
840	840	provided by Section 55.68 [55.61] for the initiation of proceedings
841	841	in that court for court-ordered residential intellectual
842	842	disability services for [commitment of] the child under Subtitle D,
843	843	Title 7, Health and Safety Code.
844	844	SECTION 18. Chapter 55, Family Code, is amended by adding
845	845	Subchapter E, and a heading is added to that subchapter to read as
846	846	follows:
847	847	SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR
848	848	RESIDENTIAL INTELLECTUAL DISABILITY SERVICES
849	849	SECTION 19. Sections 55.13 and 55.14, Family Code, are
850	850	transferred to Subchapter E, Chapter 55, Family Code, as added by
851	851	this Act, redesignated as Sections 55.65 and 55.68, Family Code,
852	852	respectively, and amended to read as follows:
853	853	Sec. 55.65 [55.13]. [COMMITMENT] PROCEEDINGS IN JUVENILE
854	854	COURT FOR CHILD WITH MENTAL ILLNESS. (a) If the juvenile court
855	855	initiates proceedings for temporary or extended mental health
856	856	services under Section 55.12(1), the prosecuting attorney or the
857	857	attorney for the child may file with the juvenile court an
858	858	application for court-ordered mental health services under
859	859	Sections [Section] 574.001 and 574.002, Health and Safety Code.
860	860	The juvenile court shall:
861	861	(1) set a date for a hearing and provide notice as
862	862	required by Sections 574.005 and 574.006, Health and Safety Code;
863	863	[and]
864	864	(2) direct the local mental health authority to file,
865	865	before the date set for the hearing, its recommendation for the
866	866	child's proposed treatment, as required by Section 574.012, Health
867	867	and Safety Code;
868	868	(3) identify the person responsible for court-ordered
869	869	outpatient mental health services not later than the third day
870	870	before the date set for a hearing that may result in the court
871	871	ordering the child to receive court-ordered outpatient mental
872	872	health services, as required by Section 574.0125, Health and Safety
873	873	Code;
874	874	(4) appoint physicians necessary to examine the child
875	875	and to complete the certificates of medical examination for mental
876	876	illness required under Section 574.009, Health and Safety Code; and
877	877	(5) conduct the hearing in accordance with Subchapter
878	878	C, Chapter 574, Health and Safety Code.
879	879	(b) The burden of proof at the hearing is on the party who
880	880	filed the application.
881	881	(c) [The juvenile court shall appoint the number of
882	882	physicians necessary to examine the child and to complete the
883	883	certificates of medical examination for mental illness required
884	884	under Section 574.009, Health and Safety Code.
885	885	[(d)] After conducting a hearing on an application under
886	886	this section and with consideration given to the least restrictive
887	887	appropriate setting for treatment of the child and to the parent's,
888	888	managing conservator's, or guardian's availability and willingness
889	889	to participate in the treatment of the child, the juvenile court
890	890	shall:
891	891	(1) if the criteria under Section 55.05(a) or (b)
892	892	[574.034 or 574.0345, Health and Safety Code,] are satisfied, order
893	893	temporary inpatient or outpatient mental health services for the
894	894	child under Chapter 574, Health and Safety Code; or
895	895	(2) if the criteria under Section 55.05(c) or (d)
896	896	[574.035 or 574.0355, Health and Safety Code,] are satisfied, order
897	897	extended inpatient or outpatient mental health services for the
898	898	child under Chapter 574, Health and Safety Code.
899	899	(d) On receipt of the court's order for inpatient mental
900	900	health services, the Health and Human Services Commission shall
901	901	identify a facility and admit the child to the identified facility.
902	902	(e) If the child is currently detained in a juvenile
903	903	detention facility, the juvenile court shall:
904	904	(1) order the child released from detention to the
905	905	child's home or another appropriate place;
906	906	(2) order the child detained or placed in an
907	907	appropriate facility other than a juvenile detention facility; or
908	908	(3) conduct a detention hearing and, if the court
909	909	makes findings under Section 54.01 to support further detention of
910	910	the child, order the child to remain in the juvenile detention
911	911	facility subject to further detention orders of the court.
912	912	Sec. 55.68 [55.14]. REFERRAL FOR [COMMITMENT] PROCEEDINGS
913	913	FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR
914	914	LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR
915	915	INTELLECTUAL DISABILITY. (a) If the juvenile court refers the
916	916	child's case to an [the] appropriate court for the initiation of
917	917	[commitment] proceedings for court-ordered treatment services
918	918	under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2),
919	919	the juvenile court shall:
920	920	(1) send to the clerk of the court to which the case is
921	921	referred all papers, including evaluations, examination reports,
922	922	court findings, orders, verdicts, judgments, and reports from
923	923	facilities and alternative settings, relating to:
924	924	(A) the child's mental illness or intellectual
925	925	disability;
926	926	(B) the child's unfitness to proceed, if
927	927	applicable; and
928	928	(C) the finding that the child was not
929	929	responsible for the child's conduct, if applicable [to the clerk of
930	930	the court to which the case is referred]; and
931	931	(2) send to the office of the appropriate county
932	932	attorney or, if a county attorney is not available, to the office of
933	933	the appropriate district attorney, copies of all papers sent to the
934	934	clerk of the court under Subdivision (1) [; and
935	935	[(3) if the child is in detention:
936	936	[(A) order the child released from detention to
937	937	the child's home or another appropriate place;
938	938	[(B) order the child detained in an appropriate
939	939	place other than a juvenile detention facility; or
940	940	[(C) if an appropriate place to release or detain
941	941	the child as described by Paragraph (A) or (B) is not available,
942	942	order the child to remain in the juvenile detention facility
943	943	subject to further detention orders of the court].
944	944	(b) The papers sent to the clerk of a court under Subsection
945	945	(a)(1) constitute an application for court-ordered mental health
946	946	services under Section 574.001, Health and Safety Code, or an
947	947	application for placement under Section 593.041, Health and Safety
948	948	Code, as applicable.
949	949	(c) If the child is currently detained in a juvenile
950	950	detention facility, the juvenile court shall:
951	951	(1) order the child released from detention to the
952	952	child's home or another appropriate place;
953	953	(2) order the child detained or placed in an
954	954	appropriate facility other than a juvenile detention facility; or
955	955	(3) conduct a detention hearing and, if the court
956	956	makes findings under Section 54.01 to support further detention of
957	957	the child, order the child to remain in the juvenile detention
958	958	facility subject to further detention orders of the court.
959	959	SECTION 20. Sections 55.38 and 55.41, Family Code, are
960	960	transferred to Subchapter E, Chapter 55, Family Code, as added by
961	961	this Act, redesignated as Sections 55.66 and 55.67, Family Code,
962	962	respectively, and amended to read as follows:
963	963	Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE
964	964	COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
965	965	FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court
966	966	initiates [commitment] proceedings for court-ordered mental health
967	967	services under Section 55.37(1) or 55.56(1), the prosecuting
968	968	attorney may file with the juvenile court an application for
969	969	court-ordered mental health services under Sections [Section]
970	970	574.001 and 574.002, Health and Safety Code. The juvenile court
971	971	shall:
972	972	(1) set a date for a hearing and provide notice as
973	973	required by Sections 574.005 and 574.006, Health and Safety Code;
974	974	[and]
975	975	(2) direct the local mental health authority to file,
976	976	before the date set for the hearing, its recommendation for the
977	977	child's proposed treatment, as required by Section 574.012, Health
978	978	and Safety Code;
979	979	(3) identify the person responsible for court-ordered
980	980	outpatient mental health services at least three days before the
981	981	date of a hearing that may result in the court ordering the child to
982	982	receive court-ordered outpatient mental health services, as
983	983	required by Section 574.012, Health and Safety Code; and
984	984	(4) conduct the hearing in accordance with Subchapter
985	985	C, Chapter 574, Health and Safety Code.
986	986	(b) After conducting a hearing under this section and with
987	987	consideration given to the least restrictive appropriate setting
988	988	for treatment of the child and to the parent's, managing
989	989	conservator's, or guardian's availability and willingness to
990	990	participate in the treatment of the child [Subsection (a)(2)], the
991	991	juvenile court shall:
992	992	(1) if the criteria for court-ordered mental health
993	993	services under Section 55.05(a) or (b) [574.034 or 574.0345, Health
994	994	and Safety Code,] are satisfied, order temporary inpatient or
995	995	outpatient mental health services; or
996	996	(2) if the criteria for court-ordered mental health
997	997	services under Section 55.05(c) or (d) [574.035 or 574.0355, Health
998	998	and Safety Code,] are satisfied, order extended inpatient or
999	999	outpatient mental health services.
1000	1000	(c) On receipt of the court's order for inpatient mental
1001	1001	health services, the Health and Human Services Commission shall
1002	1002	identify a facility and admit the child to the identified facility.
1003	1003	(d) If the child is currently detained in a juvenile
1004	1004	detention facility, the juvenile court shall:
1005	1005	(1) order the child released from detention to the
1006	1006	child's home or another appropriate place;
1007	1007	(2) order the child detained or placed in an
1008	1008	appropriate facility other than a juvenile detention facility; or
1009	1009	(3) conduct a detention hearing and, if the court
1010	1010	makes findings under Section 54.01 to support further detention of
1011	1011	the child, order the child to remain in the juvenile detention
1012	1012	facility subject to further detention orders of the court.
1013	1013	Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE
1014	1014	COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
1015	1015	FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY. (a) If
1016	1016	the juvenile court initiates [commitment] proceedings under
1017	1017	Section 55.40(1) or 55.59(1), the prosecuting attorney may file
1018	1018	with the juvenile court an application for an interdisciplinary
1019	1019	team report and recommendation that the child is in need of
1020	1020	long-term placement in a residential care facility, under Section
1021	1021	593.041, Health and Safety Code. The juvenile court shall:
1022	1022	(1) set a date for a hearing and provide notice as
1023	1023	required by Sections 593.047 and 593.048, Health and Safety Code;
1024	1024	and
1025	1025	(2) conduct the hearing in accordance with Sections
1026	1026	593.049-593.056, Health and Safety Code.
1027	1027	(b) After conducting a hearing under this section and with
1028	1028	consideration given to the least restrictive appropriate setting
1029	1029	for services for the child and to the parent's, managing
1030	1030	conservator's, or guardian's availability and willingness to
1031	1031	participate in the services for the child [Subsection (a)(2)], the
1032	1032	juvenile court may order residential intellectual disability
1033	1033	services for the child if the [commitment of the child to a
1034	1034	residential care facility if the commitment] criteria under Section
1035	1035	55.06 [593.052, Health and Safety Code,] are satisfied.
1036	1036	(c) On receipt of the court's order, the Health and Human
1037	1037	Services Commission [Department of Aging and Disability Services or
1038	1038	the appropriate community center] shall identify a residential care
1039	1039	facility and admit the child to the identified [a residential care]
1040	1040	facility.
1041	1041	(d) If the child is currently detained in a juvenile
1042	1042	detention facility, the juvenile court shall:
1043	1043	(1) order the child released from detention to the
1044	1044	child's home or another appropriate place;
1045	1045	(2) order the child detained or placed in an
1046	1046	appropriate facility other than a juvenile detention facility; or
1047	1047	(3) conduct a detention hearing and, if the court
1048	1048	makes findings under Section 54.01 to support further detention of
1049	1049	the child, order the child to remain in the juvenile detention
1050	1050	facility subject to further detention orders of the court.
1051	1051	SECTION 21. Sections 55.39, 55.42, 55.57, 55.58, 55.60, and
1052	1052	55.61, Family Code, are repealed.
1053	1053	SECTION 22. The changes in law made by this Act apply only
1054	1054	to a juvenile court hearing or proceeding that commences on or after
1055	1055	the effective date of this Act. A juvenile court hearing or
1056	1056	proceeding that commences before the effective date of this Act is
1057	1057	governed by the law in effect on the date the hearing or proceeding
1058	1058	commenced, and the former law is continued in effect for that
1059	1059	purpose.
1060	1060	SECTION 23. This Act takes effect September 1, 2023.