Texas 2023 - 88th Regular

Texas Senate Bill SB1585 Compare Versions

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1	1	S.B. No. 1585
2	2
3	3
4	4	AN ACT
5	5	relating to certain proceedings in juvenile court for children with
6	6	mental illness and intellectual disabilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 51.20(a), (b), (c), and (d), Family
9	9	Code, are amended to read as follows:
10	10	(a) At any stage of the proceedings under this title,
11	11	including when a child is initially detained in a pre-adjudication
12	12	secure detention facility or a post-adjudication secure
13	13	correctional facility, the juvenile court may, at its discretion or
14	14	at the request of the child's parent or guardian, order a child who
15	15	is referred to the juvenile court or who is alleged by a petition or
16	16	found to have engaged in delinquent conduct or conduct indicating a
17	17	need for supervision to be examined by a disinterested expert,
18	18	including a physician, psychiatrist, or psychologist, qualified by
19	19	education and clinical training in mental health or intellectual
20	20	disability [mental retardation] and experienced in forensic
21	21	evaluation, to determine whether the child has a mental illness as
22	22	defined by Section 571.003, Health and Safety Code, is a person with
23	23	an intellectual disability [mental retardation] as defined by
24	24	Section 591.003, Health and Safety Code, or suffers from chemical
25	25	dependency as defined by Section 464.001, Health and Safety
26	26	Code. [If the examination is to include a determination of the
27	27	child's fitness to proceed, an expert may be appointed to conduct
28	28	the examination only if the expert is qualified under Subchapter B,
29	29	Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
30	30	criminal case, and the examination and the report resulting from an
31	31	examination under this subsection must comply with the requirements
32	32	under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
33	33	the examination and resulting report of a defendant in a criminal
34	34	case.]
35	35	(b) If, after conducting an examination of a child ordered
36	36	under Subsection (a) and reviewing any other relevant information,
37	37	there is reason to believe that the child has a mental illness or
38	38	intellectual disability [mental retardation] or suffers from
39	39	chemical dependency, the probation department shall refer the child
40	40	to the local mental health [or mental retardation] authority, to
41	41	the local intellectual and developmental disability authority, or
42	42	to another appropriate and legally authorized agency or provider
43	43	for evaluation and services, unless the prosecuting attorney has
44	44	filed a petition under Section 53.04.
45	45	(c) If, while a child is under deferred prosecution
46	46	supervision or court-ordered probation, a qualified professional
47	47	determines that the child has a mental illness or intellectual
48	48	disability [mental retardation] or suffers from chemical
49	49	dependency and the child is not currently receiving treatment
50	50	services for the mental illness, intellectual disability [mental
51	51	retardation], or chemical dependency, the probation department
52	52	shall refer the child to the local mental health [or mental
53	53	retardation] authority, to the local intellectual and
54	54	developmental disability authority, or to another appropriate and
55	55	legally authorized agency or provider for evaluation and services.
56	56	(d) A probation department shall report each referral of a
57	57	child to a local mental health [or mental retardation] authority,
58	58	to a local intellectual and developmental disability authority, or
59	59	to another agency or provider made under Subsection (b) or (c) to
60	60	the Texas Juvenile Justice Department in a format specified by the
61	61	department.
62	62	SECTION 2. Subchapter A, Chapter 55, Family Code, is
63	63	amended to read as follows:
64	64	SUBCHAPTER A. GENERAL PROVISIONS
65	65	Sec. 55.01. DEFINITIONS [MEANING OF "HAVING A MENTAL
66	66	ILLNESS"]. In [For purposes of] this chapter:
67	67	(1) "Adaptive behavior" and "intellectual disability"
68	68	have the meanings assigned by Section 591.003, Health and Safety
69	69	Code.
70	70	(2) "Child with an intellectual disability" means a
71	71	child determined by a physician or psychologist licensed in this
72	72	state to have subaverage general intellectual functioning with
73	73	deficits in adaptive behavior.
74	74	(3) "Child with mental illness"[, a child who is
75	75	described as having a mental illness] means a child determined by a
76	76	physician or psychologist licensed in this state to have [with] a
77	77	mental illness.
78	78	(4) "Interdisciplinary team" means a group of
79	79	intellectual disability professionals and paraprofessionals who
80	80	assess the treatment, training, and habilitation needs of a person
81	81	with an intellectual disability and make recommendations for
82	82	services for that person.
83	83	(5) "Least restrictive appropriate setting" means the
84	84	treatment or service setting closest to the child's home that
85	85	provides the child with the greatest probability of improvement and
86	86	is no more restrictive of the child's physical or social liberties
87	87	than is necessary to provide the child with the most effective
88	88	treatment or services and to protect adequately against any danger
89	89	the child poses to self or others.
90	90	(6) "Mental illness" has the meaning assigned by
91	91	Section 571.003, Health and Safety Code.
92	92	(7) "Restoration classes" means curriculum-based
93	93	educational sessions a child attends to assist in restoring the
94	94	child's fitness to proceed, including the child's capacity to
95	95	understand the proceedings in juvenile court and to assist in the
96	96	child's own defense.
97	97	(8) "Subaverage general intellectual functioning"
98	98	means intelligence that is measured on standardized psychometric
99	99	instruments of two or more standard deviations below the age-group
100	100	mean for the instruments used [as defined by Section 571.003,
101	101	Health and Safety Code].
102	102	Sec. 55.02. MENTAL HEALTH AND INTELLECTUAL DISABILITY
103	103	JURISDICTION. For the purpose of initiating proceedings to order
104	104	mental health or intellectual disability services for a child [or
105	105	for commitment of a child] as provided by this chapter, the juvenile
106	106	court has jurisdiction of proceedings under Subtitle C or D, Title
107	107	7, Health and Safety Code.
108	108	Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by
109	109	this chapter, a child for whom inpatient or outpatient mental
110	110	health services are [is] ordered by a court under this chapter shall
111	111	be cared for as provided by Subtitle C, Title 7, Health and Safety
112	112	Code.
113	113	(b) Except as provided by this chapter, a child who is
114	114	ordered [committed] by a court to a residential care facility due to
115	115	an intellectual disability shall be cared for as provided by
116	116	Subtitle D, Title 7, Health and Safety Code.
117	117	Sec. 55.04. FORENSIC MENTAL EXAMINATION. (a) In this
118	118	section, "forensic mental examination" means an examination by a
119	119	disinterested physician or psychologist to determine if a child who
120	120	is alleged by petition or found to have engaged in delinquent
121	121	conduct or conduct indicating a need for supervision is a child with
122	122	mental illness, is unfit to proceed in juvenile court due to mental
123	123	illness or an intellectual disability, or lacks responsibility for
124	124	conduct due to mental illness or an intellectual disability.
125	125	(b) A juvenile court may order a forensic mental examination
126	126	if the court determines that probable cause exists to believe that a
127	127	child who is alleged by petition or found to have engaged in
128	128	delinquent conduct or conduct indicating a need for supervision is
129	129	a child with mental illness, is unfit to proceed in juvenile court
130	130	due to mental illness or an intellectual disability, or lacks
131	131	responsibility for conduct due to mental illness or an intellectual
132	132	disability.
133	133	(c) To qualify for appointment as an expert under this
134	134	chapter, a physician or psychologist must:
135	135	(1) as appropriate, be a physician licensed in this
136	136	state or be a psychologist licensed in this state who has a doctoral
137	137	degree in psychology; and
138	138	(2) have the following certification or training:
139	139	(A) as appropriate, certification by:
140	140	(i) the American Board of Psychiatry and
141	141	Neurology with added or special qualifications in forensic
142	142	psychiatry; or
143	143	(ii) the American Board of Professional
144	144	Psychology in forensic psychology; or
145	145	(B) training consisting of:
146	146	(i) at least 24 hours of specialized
147	147	forensic training relating to incompetency, fitness to proceed,
148	148	lack of responsibility for conduct, or insanity evaluations; and
149	149	(ii) at least eight hours of continuing
150	150	education relating to forensic evaluations, completed in the 12
151	151	months preceding the date of the appointment.
152	152	(d) In addition to meeting the qualifications required by
153	153	Subsection (c), to be appointed as an expert, a physician or
154	154	psychologist must have completed six hours of required continuing
155	155	education in courses in forensic psychiatry or psychology, as
156	156	appropriate, in the 24 months preceding the appointment.
157	157	(e) A court may appoint as an expert a physician or
158	158	psychologist who does not meet the requirements of Subsections (c)
159	159	and (d) only if the court determines that exigent circumstances
160	160	require the court to appoint an expert with specialized expertise
161	161	to examine the child that is not ordinarily possessed by a physician
162	162	or psychologist who meets the requirements of Subsections (c) and
163	163	(d).
164	164	Sec. 55.05. CRITERIA FOR COURT-ORDERED MENTAL HEALTH
165	165	SERVICES FOR CHILD. (a) A juvenile court may order a child who is
166	166	subject to the jurisdiction of the juvenile court to receive
167	167	temporary inpatient mental health services only if the court finds,
168	168	from clear and convincing evidence, that:
169	169	(1) the child is a child with mental illness; and
170	170	(2) as a result of that mental illness, the child:
171	171	(A) is likely to cause serious harm to the
172	172	child's self;
173	173	(B) is likely to cause serious harm to others; or
174	174	(C) is:
175	175	(i) suffering severe and abnormal mental,
176	176	emotional, or physical distress;
177	177	(ii) experiencing substantial mental or
178	178	physical deterioration of the child's ability to function
179	179	independently; and
180	180	(iii) unable to make a rational and
181	181	informed decision as to whether to submit to treatment or is
182	182	unwilling to submit to treatment.
183	183	(b) A juvenile court may order a child who is subject to the
184	184	jurisdiction of the juvenile court to receive temporary outpatient
185	185	mental health services only if the court finds:
186	186	(1) that appropriate mental health services are
187	187	available to the child; and
188	188	(2) clear and convincing evidence that:
189	189	(A) the child is a child with severe and
190	190	persistent mental illness;
191	191	(B) as a result of the mental illness, the child
192	192	will, if not treated, experience deterioration of the ability to
193	193	function independently to the extent that the child will be unable
194	194	to live safely in the community without court-ordered outpatient
195	195	mental health services;
196	196	(C) outpatient mental health services are needed
197	197	to prevent a relapse that would likely result in serious harm to the
198	198	child or others; and
199	199	(D) the child has an inability to effectively and
200	200	voluntarily participate in outpatient treatment services,
201	201	demonstrated by:
202	202	(i) any of the child's actions occurring
203	203	within the two-year period preceding the date of the hearing; or
204	204	(ii) specific characteristics of the
205	205	child's clinical condition that significantly impair the child's
206	206	ability to make a rational and informed decision as to whether to
207	207	submit to voluntary outpatient treatment.
208	208	(c) A juvenile court may order a child who is subject to the
209	209	jurisdiction of the juvenile court to receive extended inpatient
210	210	mental health services only if the court finds, from clear and
211	211	convincing evidence, that, in addition to the findings in
212	212	Subsection (a):
213	213	(1) the child's condition is expected to continue for
214	214	more than 90 days; and
215	215	(2) the child has received court-ordered inpatient
216	216	mental health services under this chapter or under Chapter 574,
217	217	Health and Safety Code, for at least 60 consecutive days during the
218	218	preceding 12 months.
219	219	(d) A juvenile court may order a child who is subject to the
220	220	jurisdiction of the juvenile court to receive extended outpatient
221	221	mental health services only if, in addition to the findings in
222	222	Subsection (b):
223	223	(1) the child's condition is expected to continue for
224	224	more than 90 days; and
225	225	(2) the child has received:
226	226	(A) court-ordered inpatient mental health
227	227	services under this chapter or under Chapter 574, Health and Safety
228	228	Code, for at least 60 consecutive days during the preceding 12
229	229	months; or
230	230	(B) court-ordered outpatient mental health
231	231	services under this chapter or under Chapter 574, Health and Safety
232	232	Code, during the preceding 60 days.
233	233	Sec. 55.06. CRITERIA FOR COURT-ORDERED RESIDENTIAL
234	234	INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be
235	235	court-ordered to receive services at a residential care facility
236	236	unless:
237	237	(1) the child is a child with an intellectual
238	238	disability;
239	239	(2) evidence is presented showing that because of the
240	240	child's intellectual disability, the child:
241	241	(A) represents a substantial risk of physical
242	242	impairment or injury to the child or others; or
243	243	(B) is unable to provide for and is not providing
244	244	for the child's most basic personal physical needs;
245	245	(3) the child cannot be adequately and appropriately
246	246	habilitated in an available, less restrictive setting;
247	247	(4) the residential care facility provides
248	248	habilitative services, care, training, and treatment appropriate
249	249	to the child's needs; and
250	250	(5) an interdisciplinary team recommends placement in
251	251	the residential care facility.
252	252	SECTION 3. The heading to Subchapter B, Chapter 55, Family
253	253	Code, is amended to read as follows:
254	254	SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH
255	255	MENTAL ILLNESS
256	256	SECTION 4. Sections 55.11(b) and (c), Family Code, are
257	257	amended to read as follows:
258	258	(b) If the court determines that probable cause exists to
259	259	believe that the child is a child with [has a] mental illness, the
260	260	court shall temporarily stay the juvenile court proceedings and
261	261	immediately order the child to be examined under Section 55.04
262	262	[51.20]. The information obtained from the examination must
263	263	include expert opinion as to:
264	264	(1) whether the child is a child with [has a] mental
265	265	illness; [and]
266	266	(2) whether the child meets the [commitment] criteria
267	267	for court-ordered mental health services under Section 55.05 for:
268	268	(A) temporary inpatient mental health services;
269	269	(B) temporary outpatient mental health services;
270	270	(C) extended inpatient mental health services;
271	271	or
272	272	(D) extended outpatient mental health services;
273	273	and
274	274	(3) if applicable, the specific criteria the child
275	275	meets under Subdivision (2) [under Subtitle C, Title 7, Health and
276	276	Safety Code. If ordered by the court, the information must also
277	277	include expert opinion as to whether the child is unfit to proceed
278	278	with the juvenile court proceedings].
279	279	(c) After considering all relevant information, including
280	280	information obtained from an examination under Section 55.04
281	281	[51.20], the court shall:
282	282	(1) proceed under Section 55.12 if the court
283	283	determines that evidence exists to support a finding that the child
284	284	is a child with [has a] mental illness and that the child meets the
285	285	[commitment] criteria for court-ordered mental health services
286	286	under Section 55.05 [Subtitle C, Title 7, Health and Safety Code,
287	287	proceed under Section 55.12]; or
288	288	(2) dissolve the stay and continue the juvenile court
289	289	proceedings if the court determines that evidence does not exist to
290	290	support a finding that the child is a child with [has a] mental
291	291	illness or that the child meets the [commitment] criteria for
292	292	court-ordered mental health services under Section 55.05 [Subtitle
293	293	C, Title 7, Health and Safety Code, dissolve the stay and continue
294	294	the juvenile court proceedings].
295	295	SECTION 5. Sections 55.12, 55.15, 55.16, 55.17, 55.18, and
296	296	55.19, Family Code, are amended to read as follows:
297	297	Sec. 55.12. INITIATION OF [COMMITMENT] PROCEEDINGS FOR
298	298	COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all
299	299	relevant information, the juvenile court determines that evidence
300	300	exists to support a finding that a child is a child with [has a]
301	301	mental illness and that the child meets the [commitment] criteria
302	302	for court-ordered mental health services under Section 55.05 [under
303	303	Subtitle C, Title 7, Health and Safety Code], the court shall:
304	304	(1) initiate proceedings as provided by Section 55.65
305	305	[55.13] to order temporary or extended mental health services, as
306	306	provided in this chapter and Subchapter C, Chapter 574, Health and
307	307	Safety Code; or
308	308	(2) refer the child's case as provided by Section 55.68
309	309	[55.14] to the appropriate court for the initiation of proceedings
310	310	in that court to order temporary or extended mental health services
311	311	for [commitment of] the child under this chapter and Subchapter C,
312	312	Chapter 574, Health and Safety Code.
313	313	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
314	314	FOR MENTAL HEALTH SERVICES. Treatment ordered under this
315	315	subchapter for a child with mental illness must focus on the
316	316	stabilization of the child's mental illness and on meeting the
317	317	child's psychiatric needs in the least restrictive appropriate
318	318	setting. If the juvenile court or a court to which the child's case
319	319	is referred under Section 55.12(2) orders mental health services
320	320	for the child, the child shall be cared for, treated, and released
321	321	in conformity to Subtitle C, Title 7, Health and Safety Code,
322	322	except:
323	323	(1) a court order for mental health services for a
324	324	child automatically expires on the 120th day after the date the
325	325	child becomes 18 years of age; and
326	326	(2) the administrator of a mental health facility
327	327	shall notify, in writing, by certified mail, return receipt
328	328	requested, the juvenile court that ordered mental health services
329	329	or the juvenile court that referred the case to a court that ordered
330	330	the mental health services of the intent to discharge the child at
331	331	least 10 days prior to discharge.
332	332	Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
333	333	PROCEEDINGS. (a) If the court to which the child's case is
334	334	referred under Section 55.12(2) orders temporary or extended
335	335	[inpatient] mental health services for the child, the court shall
336	336	immediately notify in writing the referring juvenile court of the
337	337	court's order for mental health services.
338	338	(b) If the juvenile court orders temporary or extended
339	339	[inpatient] mental health services for the child or if the juvenile
340	340	court receives notice under Subsection (a) from the court to which
341	341	the child's case is referred, the proceedings under this title then
342	342	pending in juvenile court shall be stayed.
343	343	Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED;
344	344	DISSOLUTION OF STAY. (a) If the court to which a child's case is
345	345	referred under Section 55.12(2) does not order temporary or
346	346	extended [inpatient] mental health services for the child, the
347	347	court shall immediately notify in writing the referring juvenile
348	348	court of the court's decision.
349	349	(b) If the juvenile court does not order temporary or
350	350	extended [inpatient] mental health services for the child or if the
351	351	juvenile court receives notice under Subsection (a) from the court
352	352	to which the child's case is referred, the juvenile court shall
353	353	dissolve the stay and continue the juvenile court proceedings.
354	354	Sec. 55.18. DISCHARGE FROM COURT-ORDERED INPATIENT OR
355	355	OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18
356	356	YEARS OF AGE. If the child is discharged from the mental health
357	357	facility or from outpatient treatment services before reaching 18
358	358	years of age, the juvenile court may:
359	359	(1) dismiss the juvenile court proceedings with
360	360	prejudice; or
361	361	(2) dissolve the stay and continue with proceedings
362	362	under this title as though no order of mental health services had
363	363	been made.
364	364	Sec. 55.19. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
365	365	18TH BIRTHDAY. (a) The juvenile court may waive its exclusive
366	366	original jurisdiction and [shall] transfer all pending proceedings
367	367	from the juvenile court to a criminal court on or after the 18th
368	368	birthday of a child for whom the juvenile court or a court to which
369	369	the child's case was [is] referred under Section 55.12(2) [has]
370	370	ordered inpatient mental health services if:
371	371	(1) the child is not discharged or furloughed from the
372	372	inpatient mental health facility before reaching 18 years of age;
373	373	and
374	374	(2) the child is alleged to have engaged in delinquent
375	375	conduct that included a violation of a penal law listed in Section
376	376	53.045 and no adjudication concerning the alleged conduct has been
377	377	made.
378	378	(b) A court conducting a waiver of jurisdiction and
379	379	discretionary transfer hearing under this section shall conduct the
380	380	hearing according to Sections 54.02(j), (k), and (l).
381	381	(c) If after the hearing the juvenile court waives its
382	382	jurisdiction and transfers the person to criminal court, the [The]
383	383	juvenile court shall send notification of the transfer of a child
384	384	under Subsection (a) to the inpatient mental health facility. The
385	385	criminal court shall, within 90 days of the transfer, institute
386	386	proceedings under Chapter 46B, Code of Criminal Procedure. If
387	387	those or any subsequent proceedings result in a determination that
388	388	the defendant is competent to stand trial, the defendant may not
389	389	receive a punishment for the delinquent conduct described by
390	390	Subsection (a)(2) that results in confinement for a period longer
391	391	than the maximum period of confinement the defendant could have
392	392	received if the defendant had been adjudicated for the delinquent
393	393	conduct while still a child and within the jurisdiction of the
394	394	juvenile court.
395	395	SECTION 6. Section 55.31, Family Code, is amended by
396	396	amending Subsections (c) and (d) and adding Subsections (e) and (f)
397	397	to read as follows:
398	398	(c) If the court determines that probable cause exists to
399	399	believe that the child is unfit to proceed, the court shall
400	400	temporarily stay the juvenile court proceedings and immediately
401	401	order the child to be examined under Section 55.04 [51.20. The
402	402	information obtained from the examination must include expert
403	403	opinion as to whether the child is unfit to proceed as a result of
404	404	mental illness or an intellectual disability].
405	405	(d) During an examination ordered under this section, and in
406	406	any report based on that examination, an expert shall consider, in
407	407	addition to other issues determined relevant by the expert:
408	408	(1) whether the child, as supported by current
409	409	indications and the child's personal history:
410	410	(A) is a child with mental illness; or
411	411	(B) is a child with an intellectual disability;
412	412	(2) the child's capacity to:
413	413	(A) appreciate the allegations against the
414	414	child;
415	415	(B) appreciate the range and nature of allowable
416	416	dispositions that may be imposed in the proceedings against the
417	417	child;
418	418	(C) understand the roles of the participants and
419	419	the adversarial nature of the legal process;
420	420	(D) display appropriate courtroom behavior; and
421	421	(E) testify relevantly; and
422	422	(3) the degree of impairment resulting from the
423	423	child's mental illness or intellectual disability and the specific
424	424	impact on the child's capacity to engage with counsel in a
425	425	reasonable and rational manner.
426	426	(e) An expert's report to the court must state an opinion on
427	427	the child's fitness to proceed or explain why the expert is unable
428	428	to state that opinion and include:
429	429	(1) the child's history and current status regarding
430	430	any possible mental illness or intellectual disability;
431	431	(2) the child's developmental history as it relates to
432	432	any possible mental illness or intellectual disability;
433	433	(3) the child's functional abilities related to
434	434	fitness to stand trial;
435	435	(4) the relationship between deficits in the child's
436	436	functional abilities related to fitness to proceed and any mental
437	437	illness or intellectual disability; and
438	438	(5) if the expert believes the child is in need of
439	439	remediation or restoration services, a discussion of:
440	440	(A) whether the child's abilities are likely to
441	441	be remediated or restored within the period described by Section
442	442	55.33(a)(1), (2), or (3);
443	443	(B) whether the child may be adequately treated
444	444	in an alternative setting;
445	445	(C) any recommended interventions to aid in the
446	446	remediation or restoration of the child's fitness;
447	447	(D) whether the child meets criteria for
448	448	court-ordered treatment or services under Section 55.05 or 55.06;
449	449	and
450	450	(E) if applicable, the specific criteria the
451	451	child meets under Paragraph (D).
452	452	(f) [(d)] After considering all relevant information,
453	453	including information obtained from an examination under Section
454	454	55.04 [51.20], the court shall:
455	455	(1) if the court determines that evidence exists to
456	456	support a finding that the child is unfit to proceed, proceed under
457	457	Section 55.32; or
458	458	(2) if the court determines that evidence does not
459	459	exist to support a finding that the child is unfit to proceed,
460	460	dissolve the stay and continue the juvenile court proceedings.
461	461	SECTION 7. Sections 55.33 and 55.35, Family Code, are
462	462	amended to read as follows:
463	463	Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
464	464	PROCEED. (a) If the juvenile court or jury determines under
465	465	Section 55.32 that a child is unfit as a result of mental illness or
466	466	an intellectual disability to proceed with the juvenile court
467	467	proceedings for delinquent conduct, the court shall:
468	468	(1) provided that the child meets the inpatient mental
469	469	health services or residential intellectual disability services
470	470	[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
471	471	D, Title 7, Health and Safety Code], order the child placed with the
472	472	Health and Human Services Commission [Department of State Health
473	473	Services or the Department of Aging and Disability Services, as
474	474	appropriate,] for a period of not more than 90 days, which order may
475	475	not specify a shorter period, for placement in a facility
476	476	designated by the commission [department];
477	477	(2) on application by the child's parent, guardian, or
478	478	guardian ad litem, order the child placed in a private psychiatric
479	479	inpatient facility or residential care facility for a period of not
480	480	more than 90 days, which order may not specify a shorter period, but
481	481	only if:
482	482	(A) the unfitness to proceed is a result of
483	483	mental illness or an intellectual disability; and
484	484	(B) the placement is agreed to in writing by the
485	485	administrator of the facility; or
486	486	(3) subject to Subsection (d) [(c)], if the court
487	487	determines that the child may be adequately treated or served in an
488	488	alternative setting and finds that the child does not meet criteria
489	489	for court-ordered inpatient mental health services or residential
490	490	intellectual disability services under Section 55.05 or 55.06,
491	491	order the child to receive treatment for mental illness or services
492	492	for the child's intellectual disability, as appropriate, on an
493	493	outpatient basis for a period of [not more than] 90 days, with the
494	494	possibility of extension as ordered by the court [which order may
495	495	not specify a shorter period].
496	496	(b) If a child receives treatment for mental illness or
497	497	services for the child's intellectual disability on an outpatient
498	498	basis in an alternative setting under Subsection (a)(3), juvenile
499	499	probation departments may provide restoration classes in
500	500	collaboration with the outpatient alternative setting.
501	501	(c) If the court orders a child placed in a private
502	502	psychiatric inpatient facility or residential care facility under
503	503	Subsection (a)(2) or in an alternative setting under Subsection
504	504	(a)(3), the state or a political subdivision of the state may be
505	505	ordered to pay any costs associated with the ordered services
506	506	[child's placement], subject to an express appropriation of funds
507	507	for the purpose.
508	508	(d) [(c)] Before issuing an order described by Subsection
509	509	(a)(3), the court shall consult with the local juvenile probation
510	510	department, [and] with local treatment or service providers, with
511	511	the local mental health authority, and with the local intellectual
512	512	and developmental disability authority to determine the
513	513	appropriate treatment or services and restoration classes for the
514	514	child.
515	515	Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY OR
516	516	ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court
517	517	issues an [a placement] order under Section 55.33(a), the court
518	518	shall order the probation department to send copies of any
519	519	information in the possession of the department and relevant to the
520	520	issue of the child's mental illness or intellectual disability to
521	521	the public or private facility or outpatient alternative setting
522	522	[center], as appropriate.
523	523	(b) Not later than the 75th day after the date the court
524	524	issues an [a placement] order under Section 55.33(a), the public or
525	525	private facility or outpatient alternative setting [center], as
526	526	appropriate, shall submit to the court a report that:
527	527	(1) describes the treatment or services provided to
528	528	the child by the facility or alternative setting [center]; and
529	529	(2) states the opinion of the director of the facility
530	530	or alternative setting [center] as to whether the child is fit or
531	531	unfit to proceed.
532	532	(c) If the report under Subsection (b) states that the child
533	533	is unfit to proceed, the report must also include an opinion and the
534	534	reasons for that opinion as to whether the child meets the criteria
535	535	for court-ordered mental health services or court-ordered
536	536	intellectual disability services under Section 55.05 or 55.06.
537	537	(d) The report of an outpatient alternative setting
538	538	collaborating with a juvenile probation department to provide
539	539	restoration classes must include any information provided by the
540	540	juvenile probation department regarding the child's assessment at
541	541	the conclusion of the restoration classes.
542	542	(e) The court shall provide a copy of the report submitted
543	543	under Subsection (b) to the prosecuting attorney and the attorney
544	544	for the child.
545	545	SECTION 8. Section 55.36(d), Family Code, is amended to
546	546	read as follows:
547	547	(d) If, after a hearing, the court or jury finds that the
548	548	child is unfit to proceed, the court shall proceed under Section
549	549	55.37 or 55.40, as appropriate.
550	550	SECTION 9. Sections 55.37 and 55.40, Family Code, are
551	551	amended to read as follows:
552	552	Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
553	553	RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS
554	554	FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted
555	555	under Section 55.35(b) states that a child is unfit to proceed as a
556	556	result of mental illness and that the child meets the [commitment]
557	557	criteria for court-ordered mental health services under Section
558	558	55.05 [civil commitment under Subtitle C, Title 7, Health and
559	559	Safety Code], the director of the public or private facility or
560	560	outpatient alternative setting [center], as appropriate, shall
561	561	submit to the court two certificates of medical examination for
562	562	mental illness, as described by Subchapter A, Chapter 574, Health
563	563	and Safety Code. On receipt of the certificates, the court shall:
564	564	(1) initiate proceedings as provided by Section 55.66
565	565	for temporary or extended mental health services, as provided by
566	566	this chapter and Subchapter C, Chapter 574, [55.38 in the juvenile
567	567	court for commitment of the child under Subtitle C, Title 7,] Health
568	568	and Safety Code; or
569	569	(2) refer the child's case as provided by Section 55.68
570	570	[55.39] to the appropriate court for the initiation of proceedings
571	571	in that court for temporary or extended mental health services for
572	572	[commitment of] the child under this chapter and Subchapter C,
573	573	Chapter 574, [Subtitle C, Title 7,] Health and Safety Code.
574	574	Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
575	575	RESULT OF INTELLECTUAL DISABILITY. If a report submitted under
576	576	Section 55.35(b) states that a child is unfit to proceed as a result
577	577	of an intellectual disability and that the child meets the
578	578	[commitment] criteria for court-ordered residential intellectual
579	579	disability services under Section 55.06 [civil commitment under
580	580	Subtitle D, Title 7, Health and Safety Code], the director of the
581	581	residential care facility or alternative setting shall submit to
582	582	the court an affidavit stating the conclusions reached as a result
583	583	of the diagnosis. On receipt of the affidavit, the court shall:
584	584	(1) initiate proceedings as provided by Section 55.67
585	585	[55.41] in the juvenile court for court-ordered residential
586	586	intellectual disability services for [commitment of] the child
587	587	under Subtitle D, Title 7, Health and Safety Code; or
588	588	(2) refer the child's case as provided by Section 55.68
589	589	[55.42] to the appropriate court for the initiation of proceedings
590	590	in that court for court-ordered residential intellectual
591	591	disability services for [commitment of] the child under Subtitle D,
592	592	Title 7, Health and Safety Code.
593	593	SECTION 10. Section 55.43(a), Family Code, is amended to
594	594	read as follows:
595	595	(a) The prosecuting attorney may file with the juvenile
596	596	court a motion for a restoration hearing concerning a child if:
597	597	(1) the child is found unfit to proceed as a result of
598	598	mental illness or an intellectual disability; and
599	599	(2) the child:
600	600	(A) is not:
601	601	(i) ordered by a court to receive inpatient
602	602	mental health or intellectual disability services;
603	603	(ii) ordered [committed] by a court to
604	604	receive services at a residential care facility; or
605	605	(iii) ordered by a court to receive
606	606	treatment or services on an outpatient basis; or
607	607	(B) is discharged or currently on furlough from a
608	608	mental health facility or discharged from an alternative setting
609	609	[outpatient center] before the child reaches 18 years of age.
610	610	SECTION 11. Section 55.44, Family Code, is amended to read
611	611	as follows:
612	612	Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
613	613	18TH BIRTHDAY OF CHILD. (a) The juvenile court may waive its
614	614	exclusive original jurisdiction and [shall] transfer all pending
615	615	proceedings from the juvenile court to a criminal court on or after
616	616	the 18th birthday of a child for whom the juvenile court or a court
617	617	to which the child's case is referred has ordered inpatient mental
618	618	health services or residential care for persons with an
619	619	intellectual disability if:
620	620	(1) the child is not discharged or currently on
621	621	furlough from the facility before reaching 18 years of age; and
622	622	(2) the child is alleged to have engaged in delinquent
623	623	conduct that included a violation of a penal law listed in Section
624	624	53.045 and no adjudication concerning the alleged conduct has been
625	625	made.
626	626	(b) A court conducting a waiver of jurisdiction and
627	627	discretionary transfer hearing under this section shall conduct the
628	628	hearing according to Sections 54.02(j), (k), and (l).
629	629	(c) If after the hearing the juvenile court waives its
630	630	jurisdiction and transfers the case to criminal court, the [The]
631	631	juvenile court shall send notification of the transfer of a child
632	632	under Subsection (a) to the facility. The criminal court shall,
633	633	before the 91st day after the date of the transfer, institute
634	634	proceedings under Chapter 46B, Code of Criminal Procedure. If
635	635	those or any subsequent proceedings result in a determination that
636	636	the defendant is competent to stand trial, the defendant may not
637	637	receive a punishment for the delinquent conduct described by
638	638	Subsection (a)(2) that results in confinement for a period longer
639	639	than the maximum period of confinement the defendant could have
640	640	received if the defendant had been adjudicated for the delinquent
641	641	conduct while still a child and within the jurisdiction of the
642	642	juvenile court.
643	643	SECTION 12. Sections 55.45(b) and (c), Family Code, are
644	644	amended to read as follows:
645	645	(b) If the juvenile court or a court to which the child's
646	646	case is referred under Section 55.40(2) orders the intellectual
647	647	disability services for [commitment of] the child to be provided at
648	648	[to] a residential care facility, the child shall be cared for,
649	649	treated, and released in accordance with Subtitle D, Title 7,
650	650	Health and Safety Code, except that the administrator of the
651	651	residential care facility shall notify, in writing, by certified
652	652	mail, return receipt requested, the juvenile court that ordered
653	653	intellectual disability services for [commitment of] the child or
654	654	that referred the case to a court that ordered intellectual
655	655	disability services for [commitment of] the child of the intent to
656	656	discharge or furlough the child on or before the 20th day before the
657	657	date of discharge or furlough.
658	658	(c) If the referred child, as described in Subsection (b),
659	659	is alleged to have committed an offense listed in Article 42A.054,
660	660	Code of Criminal Procedure, the administrator of the residential
661	661	care facility shall apply, in writing, by certified mail, return
662	662	receipt requested, to the juvenile court that ordered services for
663	663	[commitment of] the child or that referred the case to a court that
664	664	ordered services for [commitment of] the child and show good cause
665	665	for any release of the child from the facility for more than 48
666	666	hours. Notice of this request must be provided to the prosecuting
667	667	attorney responsible for the case. The prosecuting attorney, the
668	668	juvenile, or the administrator may apply for a hearing on this
669	669	application. If no one applies for a hearing, the trial court shall
670	670	resolve the application on the written submission. The rules of
671	671	evidence do not apply to this hearing. An appeal of the trial
672	672	court's ruling on the application is not allowed. The release of a
673	673	child described in this subsection without the express approval of
674	674	the trial court is punishable by contempt.
675	675	SECTION 13. Section 55.51(b), Family Code, is amended to
676	676	read as follows:
677	677	(b) On a motion by a party in which it is alleged that a
678	678	child may not be responsible as a result of mental illness or an
679	679	intellectual disability for the child's conduct, the court shall
680	680	order the child to be examined under Section 55.04 [51.20]. The
681	681	information obtained from the examinations must include expert
682	682	opinion as to:
683	683	(1) whether the child is a child with mental illness or
684	684	an intellectual disability;
685	685	(2) whether the child is not responsible for the
686	686	child's conduct as a result of mental illness or an intellectual
687	687	disability;
688	688	(3) whether the child meets criteria for court-ordered
689	689	mental health or intellectual disability services under Section
690	690	55.05 or 55.06; and
691	691	(4) if applicable, the specific criteria the child
692	692	meets under Subdivision (3).
693	693	SECTION 14. Sections 55.52 and 55.54, Family Code, are
694	694	amended to read as follows:
695	695	Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
696	696	RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
697	697	child is not responsible for the child's conduct under Section
698	698	55.51 as a result of mental illness or an intellectual disability,
699	699	the court shall:
700	700	(1) provided that the child meets the inpatient mental
701	701	health services or residential intellectual disability services
702	702	[commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
703	703	D, Title 7, Health and Safety Code], order the child placed with the
704	704	Health and Human Services Commission [Department of State Health
705	705	Services or the Department of Aging and Disability Services, as
706	706	appropriate,] for a period of not more than 90 days, which order may
707	707	not specify a shorter period, for placement in a facility
708	708	designated by the commission [department];
709	709	(2) on application by the child's parent, guardian, or
710	710	guardian ad litem, order the child placed in a private psychiatric
711	711	inpatient facility or residential care facility for a period of not
712	712	more than 90 days, which order may not specify a shorter period, but
713	713	only if:
714	714	(A) the child's lack of responsibility is a
715	715	result of mental illness or an intellectual disability; and
716	716	(B) the placement is agreed to in writing by the
717	717	administrator of the facility; or
718	718	(3) subject to Subsection (c), if the court determines
719	719	that the child may be adequately treated or served in an alternative
720	720	setting and finds that the child does not meet criteria for
721	721	court-ordered inpatient mental health services or residential
722	722	intellectual disability services under Section 55.05 or 55.06,
723	723	order the child to receive treatment for mental illness or services
724	724	for the child's intellectual disability, as appropriate, on an
725	725	outpatient basis for a period of [not more than] 90 days, with the
726	726	possibility of extension as ordered by the court [which order may
727	727	not specify a shorter period].
728	728	(b) If the court orders a child placed in a private
729	729	psychiatric inpatient facility or residential care facility under
730	730	Subsection (a)(2) or in an alternative setting under Subsection
731	731	(a)(3), the state or a political subdivision of the state may be
732	732	ordered to pay any costs associated with the ordered services
733	733	[child's placement], subject to an express appropriation of funds
734	734	for the purpose.
735	735	(c) Before issuing an order described by Subsection (a)(3),
736	736	the court shall consult with the local juvenile probation
737	737	department, [and] with local treatment or service providers, with
738	738	the local mental health authority, and with the local intellectual
739	739	and developmental disability authority to determine the
740	740	appropriate treatment or services for the child.
741	741	Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY OR
742	742	ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court
743	743	issues an [a placement] order under Section 55.52(a), the court
744	744	shall order the probation department to send copies of any
745	745	information in the possession of the department and relevant to the
746	746	issue of the child's mental illness or intellectual disability to
747	747	the public or private facility or alternative setting [outpatient
748	748	center], as appropriate.
749	749	(b) Not later than the 75th day after the date the court
750	750	issues an [a placement] order under Section 55.52(a), the public or
751	751	private facility or alternative setting [outpatient center], as
752	752	appropriate, shall submit to the court a report that:
753	753	(1) describes the treatment or services provided to
754	754	the child by the facility or alternative setting [center]; and
755	755	(2) states the opinion of the director of the facility
756	756	or alternative setting [center] as to whether the child is a child
757	757	with [has a] mental illness or an intellectual disability.
758	758	(c) If the report under Subsection (b) states that the child
759	759	is a child with mental illness or an intellectual disability, the
760	760	report must include an opinion as to whether the child meets
761	761	criteria for court-ordered mental health services or court-ordered
762	762	intellectual disability services under Section 55.05 or 55.06.
763	763	(d) [(c)] The court shall send a copy of the report
764	764	submitted under Subsection (b) to the prosecuting attorney and the
765	765	attorney for the child.
766	766	SECTION 15. Sections 55.55(b), (c), (d), and (e), Family
767	767	Code, are amended to read as follows:
768	768	(b) On objection by the prosecuting attorney under
769	769	Subsection (a), the juvenile court shall hold a hearing without a
770	770	jury to determine whether the child is a child with [has a] mental
771	771	illness or an intellectual disability and whether the child meets
772	772	the [commitment] criteria for court-ordered mental health services
773	773	or court-ordered intellectual disability services [civil
774	774	commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
775	775	Health and Safety Code].
776	776	(c) At the hearing, the burden is on the state to prove by
777	777	clear and convincing evidence that the child is a child with [has a]
778	778	mental illness or an intellectual disability and that the child
779	779	meets the [commitment] criteria for court-ordered mental health
780	780	services or court-ordered intellectual disability services [civil
781	781	commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
782	782	Health and Safety Code].
783	783	(d) If, after a hearing, the court finds that the child does
784	784	not have a mental illness or an intellectual disability and that the
785	785	child does not meet the [commitment] criteria for court-ordered
786	786	treatment services under Section 55.05 or 55.06 [Subtitle C or D,
787	787	Title 7, Health and Safety Code], the court shall discharge the
788	788	child.
789	789	(e) If, after a hearing, the court finds that the child has a
790	790	mental illness or an intellectual disability and that the child
791	791	meets the [commitment] criteria for court-ordered treatment
792	792	services under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
793	793	Health and Safety Code], the court shall issue an appropriate
794	794	[commitment] order for court-ordered mental health services or
795	795	court-ordered intellectual disability services.
796	796	SECTION 16. Section 55.56, Family Code, is amended to read
797	797	as follows:
798	798	Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS;
799	799	INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL
800	800	HEALTH SERVICES. If a report submitted under Section 55.54(b)
801	801	states that a child is a child with [has a] mental illness and that
802	802	the child meets the [commitment] criteria for court-ordered mental
803	803	health services [civil commitment] under Section 55.05 [Subtitle C,
804	804	Title 7, Health and Safety Code], the director of the public or
805	805	private facility or alternative setting [outpatient center], as
806	806	appropriate, shall submit to the court two certificates of medical
807	807	examination for mental illness, as described by Subchapter A,
808	808	Chapter 574, Health and Safety Code. On receipt of the
809	809	certificates, the court shall:
810	810	(1) initiate proceedings as provided by Section 55.66
811	811	[55.57] in the juvenile court for court-ordered mental health
812	812	services for [commitment of] the child under Subtitle C, Title 7,
813	813	Health and Safety Code; or
814	814	(2) refer the child's case as provided by Section 55.68
815	815	[55.58] to the appropriate court for the initiation of proceedings
816	816	in that court for court-ordered mental health services for
817	817	[commitment of] the child under Subtitle C, Title 7, Health and
818	818	Safety Code.
819	819	SECTION 17. Section 55.59, Family Code, is amended to read
820	820	as follows:
821	821	Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;
822	822	INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED
823	823	RESIDENTIAL INTELLECTUAL DISABILITY SERVICES. If a report
824	824	submitted under Section 55.54(b) states that a child is a child with
825	825	[has] an intellectual disability and that the child meets the
826	826	[commitment] criteria for court-ordered residential intellectual
827	827	disability services under Section 55.06 [civil commitment under
828	828	Subtitle D, Title 7, Health and Safety Code], the director of the
829	829	residential care facility or alternative setting shall submit to
830	830	the court an affidavit stating the conclusions reached as a result
831	831	of the diagnosis. On receipt of an affidavit, the juvenile court
832	832	shall:
833	833	(1) initiate proceedings in the juvenile court as
834	834	provided by Section 55.67 [55.60] for court-ordered residential
835	835	intellectual disability services for [commitment of] the child
836	836	under Subtitle D, Title 7, Health and Safety Code; or
837	837	(2) refer the child's case to the appropriate court as
838	838	provided by Section 55.68 [55.61] for the initiation of proceedings
839	839	in that court for court-ordered residential intellectual
840	840	disability services for [commitment of] the child under Subtitle D,
841	841	Title 7, Health and Safety Code.
842	842	SECTION 18. Chapter 55, Family Code, is amended by adding
843	843	Subchapter E, and a heading is added to that subchapter to read as
844	844	follows:
845	845	SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR
846	846	RESIDENTIAL INTELLECTUAL DISABILITY SERVICES
847	847	SECTION 19. Sections 55.13 and 55.14, Family Code, are
848	848	transferred to Subchapter E, Chapter 55, Family Code, as added by
849	849	this Act, redesignated as Sections 55.65 and 55.68, Family Code,
850	850	respectively, and amended to read as follows:
851	851	Sec. 55.65 [55.13]. [COMMITMENT] PROCEEDINGS IN JUVENILE
852	852	COURT FOR CHILD WITH MENTAL ILLNESS. (a) If the juvenile court
853	853	initiates proceedings for temporary or extended mental health
854	854	services under Section 55.12(1), the prosecuting attorney or the
855	855	attorney for the child may file with the juvenile court an
856	856	application for court-ordered mental health services under
857	857	Sections [Section] 574.001 and 574.002, Health and Safety Code.
858	858	The juvenile court shall:
859	859	(1) set a date for a hearing and provide notice as
860	860	required by Sections 574.005 and 574.006, Health and Safety Code;
861	861	[and]
862	862	(2) direct the local mental health authority to file,
863	863	before the date set for the hearing, its recommendation for the
864	864	child's proposed treatment, as required by Section 574.012, Health
865	865	and Safety Code;
866	866	(3) identify the person responsible for court-ordered
867	867	outpatient mental health services not later than the third day
868	868	before the date set for a hearing that may result in the court
869	869	ordering the child to receive court-ordered outpatient mental
870	870	health services, as required by Section 574.0125, Health and Safety
871	871	Code;
872	872	(4) appoint physicians necessary to examine the child
873	873	and to complete the certificates of medical examination for mental
874	874	illness required under Section 574.009, Health and Safety Code; and
875	875	(5) conduct the hearing in accordance with Subchapter
876	876	C, Chapter 574, Health and Safety Code.
877	877	(b) The burden of proof at the hearing is on the party who
878	878	filed the application.
879	879	(c) [The juvenile court shall appoint the number of
880	880	physicians necessary to examine the child and to complete the
881	881	certificates of medical examination for mental illness required
882	882	under Section 574.009, Health and Safety Code.
883	883	[(d)] After conducting a hearing on an application under
884	884	this section and with consideration given to the least restrictive
885	885	appropriate setting for treatment of the child and to the parent's,
886	886	managing conservator's, or guardian's availability and willingness
887	887	to participate in the treatment of the child, the juvenile court
888	888	shall:
889	889	(1) if the criteria under Section 55.05(a) or (b)
890	890	[574.034 or 574.0345, Health and Safety Code,] are satisfied, order
891	891	temporary inpatient or outpatient mental health services for the
892	892	child under Chapter 574, Health and Safety Code; or
893	893	(2) if the criteria under Section 55.05(c) or (d)
894	894	[574.035 or 574.0355, Health and Safety Code,] are satisfied, order
895	895	extended inpatient or outpatient mental health services for the
896	896	child under Chapter 574, Health and Safety Code.
897	897	(d) On receipt of the court's order for inpatient mental
898	898	health services, the Health and Human Services Commission shall
899	899	identify a facility and admit the child to the identified facility.
900	900	(e) If the child is currently detained in a juvenile
901	901	detention facility, the juvenile court shall:
902	902	(1) order the child released from detention to the
903	903	child's home or another appropriate place;
904	904	(2) order the child detained or placed in an
905	905	appropriate facility other than a juvenile detention facility; or
906	906	(3) conduct a detention hearing and, if the court
907	907	makes findings under Section 54.01 to support further detention of
908	908	the child, order the child to remain in the juvenile detention
909	909	facility subject to further detention orders of the court.
910	910	Sec. 55.68 [55.14]. REFERRAL FOR [COMMITMENT] PROCEEDINGS
911	911	FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR
912	912	LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR
913	913	INTELLECTUAL DISABILITY. (a) If the juvenile court refers the
914	914	child's case to an [the] appropriate court for the initiation of
915	915	[commitment] proceedings for court-ordered treatment services
916	916	under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2),
917	917	the juvenile court shall:
918	918	(1) send to the clerk of the court to which the case is
919	919	referred all papers, including evaluations, examination reports,
920	920	court findings, orders, verdicts, judgments, and reports from
921	921	facilities and alternative settings, relating to:
922	922	(A) the child's mental illness or intellectual
923	923	disability;
924	924	(B) the child's unfitness to proceed, if
925	925	applicable; and
926	926	(C) the finding that the child was not
927	927	responsible for the child's conduct, if applicable [to the clerk of
928	928	the court to which the case is referred]; and
929	929	(2) send to the office of the appropriate county
930	930	attorney or, if a county attorney is not available, to the office of
931	931	the appropriate district attorney, copies of all papers sent to the
932	932	clerk of the court under Subdivision (1) [; and
933	933	[(3) if the child is in detention:
934	934	[(A) order the child released from detention to
935	935	the child's home or another appropriate place;
936	936	[(B) order the child detained in an appropriate
937	937	place other than a juvenile detention facility; or
938	938	[(C) if an appropriate place to release or detain
939	939	the child as described by Paragraph (A) or (B) is not available,
940	940	order the child to remain in the juvenile detention facility
941	941	subject to further detention orders of the court].
942	942	(b) The papers sent to the clerk of a court under Subsection
943	943	(a)(1) constitute an application for court-ordered mental health
944	944	services under Section 574.001, Health and Safety Code, or an
945	945	application for placement under Section 593.041, Health and Safety
946	946	Code, as applicable.
947	947	(c) If the child is currently detained in a juvenile
948	948	detention facility, the juvenile court shall:
949	949	(1) order the child released from detention to the
950	950	child's home or another appropriate place;
951	951	(2) order the child detained or placed in an
952	952	appropriate facility other than a juvenile detention facility; or
953	953	(3) conduct a detention hearing and, if the court
954	954	makes findings under Section 54.01 to support further detention of
955	955	the child, order the child to remain in the juvenile detention
956	956	facility subject to further detention orders of the court.
957	957	SECTION 20. Sections 55.38 and 55.41, Family Code, are
958	958	transferred to Subchapter E, Chapter 55, Family Code, as added by
959	959	this Act, redesignated as Sections 55.66 and 55.67, Family Code,
960	960	respectively, and amended to read as follows:
961	961	Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE
962	962	COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
963	963	FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court
964	964	initiates [commitment] proceedings for court-ordered mental health
965	965	services under Section 55.37(1) or 55.56(1), the prosecuting
966	966	attorney may file with the juvenile court an application for
967	967	court-ordered mental health services under Sections [Section]
968	968	574.001 and 574.002, Health and Safety Code. The juvenile court
969	969	shall:
970	970	(1) set a date for a hearing and provide notice as
971	971	required by Sections 574.005 and 574.006, Health and Safety Code;
972	972	[and]
973	973	(2) direct the local mental health authority to file,
974	974	before the date set for the hearing, its recommendation for the
975	975	child's proposed treatment, as required by Section 574.012, Health
976	976	and Safety Code;
977	977	(3) identify the person responsible for court-ordered
978	978	outpatient mental health services at least three days before the
979	979	date of a hearing that may result in the court ordering the child to
980	980	receive court-ordered outpatient mental health services, as
981	981	required by Section 574.0125, Health and Safety Code; and
982	982	(4) conduct the hearing in accordance with Subchapter
983	983	C, Chapter 574, Health and Safety Code.
984	984	(b) After conducting a hearing under this section and with
985	985	consideration given to the least restrictive appropriate setting
986	986	for treatment of the child and to the parent's, managing
987	987	conservator's, or guardian's availability and willingness to
988	988	participate in the treatment of the child [Subsection (a)(2)], the
989	989	juvenile court shall:
990	990	(1) if the criteria for court-ordered mental health
991	991	services under Section 55.05(a) or (b) [574.034 or 574.0345, Health
992	992	and Safety Code,] are satisfied, order temporary inpatient or
993	993	outpatient mental health services; or
994	994	(2) if the criteria for court-ordered mental health
995	995	services under Section 55.05(c) or (d) [574.035 or 574.0355, Health
996	996	and Safety Code,] are satisfied, order extended inpatient or
997	997	outpatient mental health services.
998	998	(c) On receipt of the court's order for inpatient mental
999	999	health services, the Health and Human Services Commission shall
1000	1000	identify a facility and admit the child to the identified facility.
1001	1001	(d) If the child is currently detained in a juvenile
1002	1002	detention facility, the juvenile court shall:
1003	1003	(1) order the child released from detention to the
1004	1004	child's home or another appropriate place;
1005	1005	(2) order the child detained or placed in an
1006	1006	appropriate facility other than a juvenile detention facility; or
1007	1007	(3) conduct a detention hearing and, if the court
1008	1008	makes findings under Section 54.01 to support further detention of
1009	1009	the child, order the child to remain in the juvenile detention
1010	1010	facility subject to further detention orders of the court.
1011	1011	Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE
1012	1012	COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
1013	1013	FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY. (a) If
1014	1014	the juvenile court initiates [commitment] proceedings under
1015	1015	Section 55.40(1) or 55.59(1), the prosecuting attorney may file
1016	1016	with the juvenile court an application for an interdisciplinary
1017	1017	team report and recommendation that the child is in need of
1018	1018	long-term placement in a residential care facility, under Section
1019	1019	593.041, Health and Safety Code. The juvenile court shall:
1020	1020	(1) set a date for a hearing and provide notice as
1021	1021	required by Sections 593.047 and 593.048, Health and Safety Code;
1022	1022	and
1023	1023	(2) conduct the hearing in accordance with Sections
1024	1024	593.049-593.056, Health and Safety Code.
1025	1025	(b) After conducting a hearing under this section and with
1026	1026	consideration given to the least restrictive appropriate setting
1027	1027	for services for the child and to the parent's, managing
1028	1028	conservator's, or guardian's availability and willingness to
1029	1029	participate in the services for the child [Subsection (a)(2)], the
1030	1030	juvenile court may order residential intellectual disability
1031	1031	services for the child if the [commitment of the child to a
1032	1032	residential care facility if the commitment] criteria under Section
1033	1033	55.06 [593.052, Health and Safety Code,] are satisfied.
1034	1034	(c) On receipt of the court's order, the Health and Human
1035	1035	Services Commission [Department of Aging and Disability Services or
1036	1036	the appropriate community center] shall identify a residential care
1037	1037	facility and admit the child to the identified [a residential care]
1038	1038	facility.
1039	1039	(d) If the child is currently detained in a juvenile
1040	1040	detention facility, the juvenile court shall:
1041	1041	(1) order the child released from detention to the
1042	1042	child's home or another appropriate place;
1043	1043	(2) order the child detained or placed in an
1044	1044	appropriate facility other than a juvenile detention facility; or
1045	1045	(3) conduct a detention hearing and, if the court
1046	1046	makes findings under Section 54.01 to support further detention of
1047	1047	the child, order the child to remain in the juvenile detention
1048	1048	facility subject to further detention orders of the court.
1049	1049	SECTION 21. Sections 55.39, 55.42, 55.57, 55.58, 55.60, and
1050	1050	55.61, Family Code, are repealed.
1051	1051	SECTION 22. The changes in law made by this Act apply only
1052	1052	to a juvenile court hearing or proceeding that commences on or after
1053	1053	the effective date of this Act. A juvenile court hearing or
1054	1054	proceeding that commences before the effective date of this Act is
1055	1055	governed by the law in effect on the date the hearing or proceeding
1056	1056	commenced, and the former law is continued in effect for that
1057	1057	purpose.
1058	1058	SECTION 23. This Act takes effect September 1, 2023.
1059	1059	______________________________ ______________________________
1060	1060	President of the Senate Speaker of the House
1061	1061	I hereby certify that S.B. No. 1585 passed the Senate on
1062	1062	April 26, 2023, by the following vote: Yeas 31, Nays 0.
1063	1063	______________________________
1064	1064	Secretary of the Senate
1065	1065	I hereby certify that S.B. No. 1585 passed the House on
1066	1066	May 24, 2023, by the following vote: Yeas 116, Nays 22,
1067	1067	one present not voting.
1068	1068	______________________________
1069	1069	Chief Clerk of the House
1070	1070	Approved:
1071	1071	______________________________
1072	1072	Date
1073	1073	______________________________
1074	1074	Governor