FAMILY CODE
CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
OR MENTAL RETARDATION

psychiatric inpatient facility under Subsection (a)(1)(B), the state or a political subdivision of the
state may be ordered to pay any costs associated with the child's placement, subject to an express
appropriation of funds for the purpose.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.34.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If the court issues a placement
order under Section 55.33(a)(1), the court shall order the probation department or sheriff's
department to transport the child to the designated facility.
(b)  On receipt of a report from a facility to which a child has been transported under Subsection
(a), the court shall order the probation department or sheriff's department to transport the child
from the facility to the court.  If the child is not transported to the court before the 11th day after
the date of the court's order, an authorized representative of the facility shall transport the child
from the facility to the court.
(c)  The county in which the juvenile court is located shall reimburse the facility for the costs
incurred in transporting the child to the juvenile court as required by Subsection (b).
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY;  REPORT TO COURT.  (a)  If the
juvenile court issues a placement order under Section 55.33(a), the court shall order the probation
department to send copies of any information in the possession of the department and relevant to
the issue of the child's mental illness or mental retardation to the public or private facility or
outpatient center, as appropriate.
(b)  Not later than the 75th day after the date the court issues a placement order under Section
55.33(a), the public or private facility or outpatient center, as appropriate, shall submit to the
court a report that:
(1)  describes the treatment of the child provided by the facility or center;  and
(2)  states the opinion of the director of the facility or center as to whether the child is fit or unfit to
proceed.
(c)  The court shall provide a copy of the report submitted under Subsection (b) to the prosecuting
attorney and the attorney for the child.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.36.  REPORT THAT CHILD IS FIT TO PROCEED;  HEARING ON OBJECTION.  (a)  If a report
submitted under Section 55.35(b) states that a child is fit to proceed, the juvenile court shall find
that the child is fit to proceed unless the child's attorney objects in writing or in open court not
later than the second day after the date the attorney receives a copy of the report under Section
55.35(c).
(b)  On objection by the child's attorney under Subsection (a), the juvenile court shall promptly
hold a hearing to determine whether the child is fit to proceed, except that the hearing may be
held after the date that the placement order issued under Section 55.33(a) expires.  At the
hearing, the court shall determine the issue of the fitness of the child to proceed unless the child
or the child's attorney demands in writing a jury before the 10th day before the date of the hearing.
(c)  If, after a hearing, the court or jury finds that the child is fit to proceed, the court shall
dissolve the stay and continue the juvenile court proceedings as though a question of fitness to
proceed had not been raised.
(d)  If, after a hearing, the court or jury finds that the child is unfit to proceed, the court shall
proceed under Section 55.37.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS;  
INITIATION OF COMMITMENT PROCEEDINGS.  If a report submitted under Section 55.35(b)
states that a child is unfit to proceed as a result of mental illness and that the child meets the
commitment criteria for civil commitment under Subtitle C, Title 7, Health and Safety Code, the
director of the public or private facility or outpatient center, as appropriate, shall submit to the
court two certificates of medical examination for mental illness.  On receipt of the certificates, the
court shall:
(1)  initiate proceedings as provided by Section 55.38 in the juvenile court for commitment of the
child under Subtitle C, Title 7, Health and Safety Code;  or
(2)  refer the child's case as provided by Section 55.39 to the appropriate court for the initiation of
proceedings in that court for commitment of the child under Subtitle C, Title 7, Health and Safety
Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.38.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL ILLNESS.  (a)  If
the juvenile court initiates commitment proceedings under Section 55.37(1), the prosecuting
attorney may file with the juvenile court an application for court-ordered mental health services
under Section 574.001, Health and Safety Code.  The juvenile court shall:
(1)  set a date for a hearing and provide notice as required by Sections 574.005 and 574.006, Health
and Safety Code;  and
(2)  conduct the hearing in accordance with Subchapter C, Chapter 574, Health and Safety Code.
(b)  After conducting a hearing under Subsection (a)(2), the juvenile court shall:
(1)  if the criteria under Section 574.034, Health and Safety Code, are satisfied, order temporary
mental health services;  or
(2)  if the criteria under Section 574.035, Health and Safety Code, are satisfied, order extended
mental health services.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.39.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL ILLNESS.  (a)  If the
juvenile court refers the child's case to an appropriate court for the initiation of commitment
proceedings under Section 55.37(2), the juvenile court shall:
(1)  send all papers relating to the child's unfitness to proceed, including the verdict and
judgment of the juvenile court finding the child unfit to proceed, to the clerk of the court to which
the case is referred;
(2)  send to the office of the appropriate county attorney or, if a county attorney is not available, to
the office of the appropriate district attorney, copies of all papers sent to the clerk of the court
under Subdivision (1);  and
(3)  if the child is in detention:
(A)  order the child released from detention to the child's home or another appropriate place;
(B)  order the child detained in an appropriate place other than a juvenile detention facility;  or
(C)  if an appropriate place to release or detain the child as described by Paragraph (A) or (B) is not
available, order the child to remain in the juvenile detention facility subject to further detention
orders of the court.
(b)  The papers sent to a court under Subsection (a)(1) constitute an application for mental health
services under Section 574.001, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL
RETARDATION.  If a report submitted under Section 55.35(b) states that a child is unfit to proceed
as a result of mental retardation and that the child meets the commitment criteria for civil
commitment under Subtitle D, Title 7, Health and Safety Code, the director of the residential care
facility shall submit to the court an affidavit stating the conclusions reached as a result of the
diagnosis.  On receipt of the affidavit, the court shall:
(1)  initiate proceedings as provided by Section 55.41 in the juvenile court for commitment of the
child under Subtitle D, Title 7, Health and Safety Code;  or
(2)  refer the child's case as provided by Section 55.42 to the appropriate court for the initiation of
proceedings in that court for commitment of the child under Subtitle D, Title 7, Health and Safety
Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL RETARDATION.  
(a)  If the juvenile court initiates commitment proceedings under Section 55.40(1), the
prosecuting attorney may file with the juvenile court an application for placement under Section
593.041, Health and Safety Code.  The juvenile court shall:
(1)  set a date for a hearing and provide notice as required by Sections 593.047 and 593.048, Health
and Safety Code;  and
(2)  conduct the hearing in accordance with Sections 593.049-593.056, Health and Safety Code.
(b)  After conducting a hearing under Subsection (a)(2), the juvenile court may order
commitment of the child to a residential care facility if the commitment criteria under Section
593.052, Health and Safety Code, are satisfied.
(c)  On receipt of the court's order, the Texas Department of Mental Health and Mental Retardation
or the appropriate community center shall admit the child to a residential care facility.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg.,
ch. 1297, Sec. 30, eff. Sept. 1, 2001.
Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL RETARDATION.  (a)  If
the juvenile court refers the child's case to an appropriate court for the initiation of commitment
proceedings under Section 55.40(2), the juvenile court shall:
(1)  send all papers relating to the child's mental retardation to the clerk of the court to which the
case is referred;
(2)  send to the office of the appropriate county attorney or, if a county attorney is not available, to
the office of the appropriate district attorney, copies of all papers sent to the clerk of the court
under Subdivision (1);  and
(3)  if the child is in detention:
(A)  order the child released from detention to the child's home or another appropriate place;
(B)  order the child detained in an appropriate place other than a juvenile detention facility;  or
(C)  if an appropriate place to release or detain the child as described by Paragraph (A) or (B) is not
available, order the child to remain in the juvenile detention facility subject to further detention
orders of the court.
(b)  The papers sent to a court under Subsection (a)(1) constitute an application for placement
under Section 593.041, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Sec. 55.43.  RESTORATION HEARING.  (a)  The prosecuting attorney may file with the juvenile
court a motion for a restoration hearing concerning a child if:
(1)  the child is found unfit to proceed as a result of mental illness or mental retardation;  and
(2)  the child:
(A)  is not:
(i)  ordered by a court to receive inpatient mental health services;
(ii)  committed by a court to a residential care facility;  or
(iii)  ordered by a court to receive treatment on an outpatient basis;  or
(B)  is discharged or currently on furlough from a mental health facility or outpatient center
before the child reaches 18 years of age.
(b)  At the restoration hearing, the court shall determine the issue of whether the child is fit to
proceed.
(c)  The restoration hearing shall be conducted without a jury.
(d)  The issue of fitness to proceed must be proved by a preponderance of the evidence.
(e)  If, after a hearing, the court finds that the child is fit to proceed, the court shall continue the
juvenile court proceedings.
(f)  If, after a hearing, the court finds that the child is unfit to proceed, the court shall dismiss the
motion for restoration.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 13, eff. September 1, 2007.
Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF CHILD.  (a)  The juvenile
court shall transfer all pending proceedings from the juvenile court to a criminal court on the
18th birthday of a child for whom the juvenile court or a court to which the child's case is referred
has ordered inpatient mental health services or residential care for persons with mental
retardation if:
(1)  the child is not discharged or currently on furlough from the facility before reaching 18 years
of age;  and
(2)  the child is alleged to have engaged in delinquent conduct that included a violation of a penal
law listed in Section 53.045 and no adjudication concerning the alleged conduct has been made.
(b)  The juvenile court shall send notification of the transfer of a child under Subsection (a) to the
facility.  The criminal court shall, before the 91st day after the date of the transfer, institute
proceedings under Chapter 46B, Code of Criminal Procedure.  If those or any subsequent
proceedings result in a determination that the defendant is competent to stand trial, the
defendant may not receive a punishment for the delinquent conduct described by Subsection
(a)(2) that results in confinement for a period longer than the maximum period of confinement
the defendant could have received if the defendant had been adjudicated for the delinquent
conduct while still a child and within the jurisdiction of the juvenile court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th
Leg., ch. 35, Sec. 8, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 14, eff. September 1, 2007.
Sec. 55.45.  STANDARDS OF CARE;  NOTICE OF RELEASE OR FURLOUGH.  (a)  If the juvenile court
or a court to which the child's case is referred under Section 55.37(2) orders mental health
services for the child, the child shall be cared for, treated, and released in accordance with
Subtitle C, Title 7, Health and Safety Code, except that the administrator of a mental health
facility shall notify, in writing, by certified mail, return receipt requested, the juvenile court that
ordered mental health services or that referred the case to a court that ordered mental health
services of the intent to discharge the child on or before the 10th day before the date of discharge.
(b)  If the juvenile court or a court to which the child's case is referred under Section 55.40(2)
orders the commitment of the child to a residential care facility, the child shall be cared for,
treated, and released in accordance with Subtitle D, Title 7, Health and Safety Code, except that the
administrator of the residential care facility shall notify, in writing, by certified mail, return
receipt requested, the juvenile court that ordered commitment of the child or that referred the case
to a court that ordered commitment of the child of the intent to discharge or furlough the child on
or before the 20th day before the date of discharge or furlough.
(c)  If the referred child, as described in Subsection (b), is alleged to have committed an offense
listed in Section 3g, Article 42.12, Code of Criminal Procedure, the administrator of the
residential care facility shall apply, in writing, by certified mail, return receipt requested, to the
juvenile court that ordered commitment of the child or that referred the case to a court that
ordered commitment of the child and show good cause for any release of the child from the facility
for more than 48 hours.   Notice of this request must be provided to the prosecuting attorney
responsible for the case.  The prosecuting attorney, the juvenile, or the administrator may apply
for a hearing on this application.  If no one applies for a hearing, the trial court shall resolve the
application on the written submission.  The rules of evidence do not apply to this hearing.  An
appeal of the trial court's ruling on the application is not allowed.  The release of a child described
in this subsection without the express approval of the trial court is punishable by contempt.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 31, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 15, eff. September 1, 2007.
SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL ILLNESS
OR MENTAL RETARDATION
Sec. 55.51.  LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION;  EXAMINATION.  (a)  A
child alleged by petition to have engaged in delinquent conduct or conduct indicating a need for
supervision is not responsible for the conduct if at the time of the conduct, as a result of mental
illness or mental retardation, the child lacks substantial capacity either to appreciate the
wrongfulness of the child's conduct or to conform the child's conduct to the requirements of law.
(b)  On a motion by a party in which it is alleged that a child may not be responsible as a result of
mental illness or mental retardation for the child's conduct, the court shall order the child to be
examined under Section 51.20. The information obtained from the examinations must include
expert opinion as to whether the child is not responsible for the child's conduct as a result of
mental illness or mental retardation.
(c)  The issue of whether the child is not responsible for the child's conduct as a result of mental
illness or mental retardation
.
.
The Houston, Texas, Juvenile Defense Law Firm of Attorney Andy Nolen,  represents Juveniles  who have been accused of a state crime in Texas, including in
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