By: Sparks, et al. S.B. No. 1585     A BILL TO BE ENTITLED   AN ACT   relating to certain proceedings in juvenile court for children with   mental illness and intellectual disabilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.20(a), (b), (c), and (d), Family   Code, are amended to read as follows:          (a)  At any stage of the proceedings under this title,   including when a child is initially detained in a pre-adjudication   secure detention facility or a post-adjudication secure   correctional facility, the juvenile court may, at its discretion or   at the request of the child's parent or guardian, order a child who   is referred to the juvenile court or who is alleged by a petition or   found to have engaged in delinquent conduct or conduct indicating a   need for supervision to be examined by a disinterested expert,   including a physician, psychiatrist, or psychologist, qualified by   education and clinical training in mental health or intellectual   disability [mental retardation] and experienced in forensic   evaluation, to determine whether the child has a mental illness as   defined by Section 571.003, Health and Safety Code, is a person with   an intellectual disability [mental retardation] as defined by   Section 591.003, Health and Safety Code, or suffers from chemical   dependency as defined by Section 464.001, Health and Safety   Code.  [If the examination is to include a determination of the   child's fitness to proceed, an expert may be appointed to conduct   the examination only if the expert is qualified under Subchapter B,   Chapter 46B, Code of Criminal Procedure, to examine a defendant in a   criminal case, and the examination and the report resulting from an   examination under this subsection must comply with the requirements   under Subchapter B, Chapter 46B, Code of Criminal Procedure, for   the examination and resulting report of a defendant in a criminal   case.]          (b)  If, after conducting an examination of a child ordered   under Subsection (a) and reviewing any other relevant information,   there is reason to believe that the child has a mental illness or   intellectual disability [mental retardation] or suffers from   chemical dependency, the probation department shall refer the child   to the local mental health [or mental retardation] authority, to   the local intellectual and developmental disability authority, or   to another appropriate and legally authorized agency or provider   for evaluation and services, unless the prosecuting attorney has   filed a petition under Section 53.04.          (c)  If, while a child is under deferred prosecution   supervision or court-ordered probation, a qualified professional   determines that the child has a mental illness or intellectual   disability [mental retardation] or suffers from chemical   dependency and the child is not currently receiving treatment   services for the mental illness, intellectual disability [mental   retardation], or chemical dependency, the probation department   shall refer the child to the local mental health [or mental   retardation] authority, to the local intellectual and   developmental disability authority, or to another appropriate and   legally authorized agency or provider for evaluation and services.          (d)  A probation department shall report each referral of a   child to a local mental health [or mental retardation] authority,   to a local intellectual and developmental disability authority, or   to another agency or provider made under Subsection (b) or (c) to   the Texas Juvenile Justice Department in a format specified by the   department.          SECTION 2.  Subchapter A, Chapter 55, Family Code, is   amended to read as follows:   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 55.01.  DEFINITIONS [MEANING OF "HAVING A MENTAL   ILLNESS"]. In [For purposes of] this chapter:                (1)  "Adaptive behavior" and "intellectual disability"   have the meanings assigned by Section 591.003, Health and Safety   Code.                (2)  "Child with an intellectual disability" means a   child determined by a physician or psychologist licensed in this   state to have subaverage general intellectual functioning with   deficits in adaptive behavior.                (3)  "Child with mental illness"[, a child who is   described as having a mental illness] means a child determined by a   physician or psychologist licensed in this state to have [with] a   mental illness.                (4)  "Interdisciplinary team" means a group of   intellectual disability professionals and paraprofessionals who   assess the treatment, training, and habilitation needs of a person   with an intellectual disability and make recommendations for   services for that person.                (5)  "Least restrictive appropriate setting" means the   treatment or service setting closest to the child's home that   provides the child with the greatest probability of improvement and   is no more restrictive of the child's physical or social liberties   than is necessary to provide the child with the most effective   treatment or services and to protect adequately against any danger   the child poses to self or others.                 (6)  "Mental illness" has the meaning assigned by   Section 571.003, Health and Safety Code.                (7)  "Restoration classes" means curriculum-based   educational sessions a child attends to assist in restoring the   child's fitness to proceed, including the child's capacity to   understand the proceedings in juvenile court and to assist in the   child's own defense.                 (8)  "Subaverage general intellectual functioning"   means intelligence that is measured on standardized psychometric   instruments of two or more standard deviations below the age-group   mean for the instruments used [as defined by Section 571.003,   Health and Safety Code].          Sec. 55.02.  MENTAL HEALTH AND INTELLECTUAL DISABILITY   JURISDICTION. For the purpose of initiating proceedings to order   mental health or intellectual disability services for a child [or   for commitment of a child] as provided by this chapter, the juvenile   court has jurisdiction of proceedings under Subtitle C or D, Title   7, Health and Safety Code.          Sec. 55.03.  STANDARDS OF CARE. (a) Except as provided by   this chapter, a child for whom inpatient or outpatient mental   health services are [is] ordered by a court under this chapter shall   be cared for as provided by Subtitle C, Title 7, Health and Safety   Code.          (b)  Except as provided by this chapter, a child who is   ordered [committed] by a court to a residential care facility due to   an intellectual disability shall be cared for as provided by   Subtitle D, Title 7, Health and Safety Code.          Sec. 55.04.  FORENSIC MENTAL EXAMINATION. (a) In this   section, "forensic mental examination" means an examination by a   disinterested physician or psychologist to determine if a child who   is alleged by petition or found to have engaged in delinquent   conduct or conduct indicating a need for supervision is a child with   mental illness, is unfit to proceed in juvenile court due to mental   illness or an intellectual disability, or lacks responsibility for   conduct due to mental illness or an intellectual disability.          (b)  A juvenile court may order a forensic mental examination   if the court determines that probable cause exists to believe that a   child who is alleged by petition or found to have engaged in   delinquent conduct or conduct indicating a need for supervision is   a child with mental illness, is unfit to proceed in juvenile court   due to mental illness or an intellectual disability, or lacks   responsibility for conduct due to mental illness or an intellectual   disability.          (c)  To qualify for appointment as an expert under this   chapter, a physician or psychologist must:                (1)  as appropriate, be a physician licensed in this   state or be a psychologist licensed in this state who has a doctoral   degree in psychology; and                (2)  have the following certification or training:                      (A)  as appropriate, certification by:                            (i)  the American Board of Psychiatry and   Neurology with added or special qualifications in forensic   psychiatry; or                            (ii)  the American Board of Professional   Psychology in forensic psychology; or                      (B)  training consisting of:                            (i)  at least 24 hours of specialized   forensic training relating to incompetency, fitness to proceed,   lack of responsibility for conduct, or insanity evaluations; and                            (ii)  at least eight hours of continuing   education relating to forensic evaluations, completed in the 12   months preceding the date of the appointment.          (d)  In addition to meeting the qualifications required by   Subsection (c), to be appointed as an expert, a physician or   psychologist must have completed six hours of required continuing   education in courses in forensic psychiatry or psychology, as   appropriate, in the 24 months preceding the appointment.          (e)  A court may appoint as an expert a physician or   psychologist who does not meet the requirements of Subsections (c)   and (d) only if the court determines that exigent circumstances   require the court to appoint an expert with specialized expertise   to examine the child that is not ordinarily possessed by a physician   or psychologist who meets the requirements of Subsections (c) and   (d).          Sec. 55.05.  CRITERIA FOR COURT-ORDERED MENTAL HEALTH   SERVICES FOR CHILD. (a) A juvenile court may order a child who is   subject to the jurisdiction of the juvenile court to receive   temporary inpatient mental health services only if the court finds,   from clear and convincing evidence, that:                (1)  the child is a child with mental illness; and                (2)  as a result of that mental illness, the child:                      (A)  is likely to cause serious harm to the   child's self;                      (B)  is likely to cause serious harm to others; or                       (C)  is:                            (i)  suffering severe and abnormal mental,   emotional, or physical distress;                            (ii)  experiencing substantial mental or   physical deterioration of the child's ability to function   independently; and                            (iii)  unable to make a rational and   informed decision as to whether to submit to treatment or is   unwilling to submit to treatment.          (b)  A juvenile court may order a child who is subject to the   jurisdiction of the juvenile court to receive temporary outpatient   mental health services only if the court finds:                (1)  that appropriate mental health services are   available to the child; and                (2)  clear and convincing evidence that:                      (A)  the child is a child with severe and   persistent mental illness;                       (B)  as a result of the mental illness, the child   will, if not treated, experience deterioration of the ability to   function independently to the extent that the child will be unable   to live safely in the community without court-ordered outpatient   mental health services;                       (C)  outpatient mental health services are needed   to prevent a relapse that would likely result in serious harm to the   child or others; and                      (D)  the child has an inability to effectively and   voluntarily participate in outpatient treatment services,   demonstrated by:                             (i)  any of the child's actions occurring   within the two-year period preceding the date of the hearing; or                             (ii)  specific characteristics of the   child's clinical condition that significantly impair the child's   ability to make a rational and informed decision as to whether to   submit to voluntary outpatient treatment.          (c)  A juvenile court may order a child who is subject to the   jurisdiction of the juvenile court to receive extended inpatient   mental health services only if the court finds, from clear and   convincing evidence, that, in addition to the findings in   Subsection (a):                (1)  the child's condition is expected to continue for   more than 90 days; and                 (2)  the child has received court-ordered inpatient   mental health services under this chapter or under Chapter 574,   Health and Safety Code, for at least 60 consecutive days during the   preceding 12 months.          (d)  A juvenile court may order a child who is subject to the   jurisdiction of the juvenile court to receive extended outpatient   mental health services only if, in addition to the findings in   Subsection (b):                (1)  the child's condition is expected to continue for   more than 90 days; and                 (2)  the child has received:                       (A)  court-ordered inpatient mental health   services under this chapter or under Chapter 574, Health and Safety   Code, for at least 60 consecutive days during the preceding 12   months; or                      (B)  court-ordered outpatient mental health   services under this chapter or under Chapter 574, Health and Safety   Code, during the preceding 60 days.          Sec. 55.06.  CRITERIA FOR COURT-ORDERED RESIDENTIAL   INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be   court-ordered to receive services at a residential care facility   unless:                 (1)  the child is a child with an intellectual   disability;                (2)  evidence is presented showing that because of the   child's intellectual disability, the child:                      (A)  represents a substantial risk of physical   impairment or injury to the child or others; or                      (B)  is unable to provide for and is not providing   for the child's most basic personal physical needs;                (3)  the child cannot be adequately and appropriately   habilitated in an available, less restrictive setting;                (4)  the residential care facility provides   habilitative services, care, training, and treatment appropriate   to the child's needs; and                (5)  an interdisciplinary team recommends placement in   the residential care facility.          SECTION 3.  The heading to Subchapter B, Chapter 55, Family   Code, is amended to read as follows:   SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH   MENTAL ILLNESS          SECTION 4.  Sections 55.11(b) and (c), Family Code, are   amended to read as follows:          (b)  If the court determines that probable cause exists to   believe that the child is a child with [has a] mental illness, the   court shall temporarily stay the juvenile court proceedings and   immediately order the child to be examined under Section 55.04   [51.20]. The information obtained from the examination must   include expert opinion as to:                (1)  whether the child is a child with [has a] mental   illness; [and]                (2)  whether the child meets the [commitment] criteria   for court-ordered mental health services under Section 55.05 for:                      (A)  temporary inpatient mental health services;                      (B)  temporary outpatient mental health services;                      (C)  extended inpatient mental health services;   or                      (D)  extended outpatient mental health services;   and                (3)  if applicable, the specific criteria the child   meets under Subdivision (2) [under Subtitle C, Title 7, Health and   Safety Code. If ordered by the court, the information must also   include expert opinion as to whether the child is unfit to proceed   with the juvenile court proceedings].          (c)  After considering all relevant information, including   information obtained from an examination under Section 55.04   [51.20], the court shall:                (1)  proceed under Section 55.12 if the court   determines that evidence exists to support a finding that the child   is a child with [has a] mental illness and that the child meets the   [commitment] criteria for court-ordered mental health services   under Section 55.05 [Subtitle C, Title 7, Health and Safety Code,   proceed under Section 55.12]; or                (2)  dissolve the stay and continue the juvenile court   proceedings if the court determines that evidence does not exist to   support a finding that the child is a child with [has a] mental   illness or that the child meets the [commitment] criteria for   court-ordered mental health services under Section 55.05 [Subtitle   C, Title 7, Health and Safety Code, dissolve the stay and continue   the juvenile court proceedings].          SECTION 5.  Sections 55.12, 55.15, 55.16, 55.17, 55.18, and   55.19, Family Code, are amended to read as follows:          Sec. 55.12.  INITIATION OF [COMMITMENT] PROCEEDINGS FOR   COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all   relevant information, the juvenile court determines that evidence   exists to support a finding that a child is a child with [has a]   mental illness and that the child meets the [commitment] criteria   for court-ordered mental health services under Section 55.05 [under   Subtitle C, Title 7, Health and Safety Code], the court shall:                (1)  initiate proceedings as provided by Section 55.65   [55.13] to order temporary or extended mental health services, as   provided in this chapter and Subchapter C, Chapter 574, Health and   Safety Code; or                (2)  refer the child's case as provided by Section 55.68   [55.14] to the appropriate court for the initiation of proceedings   in that court to order temporary or extended mental health services   for [commitment of] the child under this chapter and Subchapter C,   Chapter 574, Health and Safety Code.          Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER   FOR MENTAL HEALTH SERVICES. Treatment ordered under this   subchapter for a child with mental illness must focus on the   stabilization of the child's mental illness and on meeting the   child's psychiatric needs in the least restrictive appropriate   setting. If the juvenile court or a court to which the child's case   is referred under Section 55.12(2) orders mental health services   for the child, the child shall be cared for, treated, and released   in conformity to Subtitle C, Title 7, Health and Safety Code,   except:                (1)  a court order for mental health services for a   child automatically expires on the 120th day after the date the   child becomes 18 years of age; and                (2)  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 the juvenile court that referred the case to a court that ordered   the mental health services of the intent to discharge the child at   least 10 days prior to discharge.          Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF   PROCEEDINGS. (a) If the court to which the child's case is   referred under Section 55.12(2) orders temporary or extended   [inpatient] mental health services for the child, the court shall   immediately notify in writing the referring juvenile court of the   court's order for mental health services.          (b)  If the juvenile court orders temporary or extended   [inpatient] mental health services for the child or if the juvenile   court receives notice under Subsection (a) from the court to which   the child's case is referred, the proceedings under this title then   pending in juvenile court shall be stayed.          Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED;   DISSOLUTION OF STAY. (a) If the court to which a child's case is   referred under Section 55.12(2) does not order temporary or   extended [inpatient] mental health services for the child, the   court shall immediately notify in writing the referring juvenile   court of the court's decision.          (b)  If the juvenile court does not order temporary or   extended [inpatient] mental health services for the child or if the   juvenile court receives notice under Subsection (a) from the court   to which the child's case is referred, the juvenile court shall   dissolve the stay and continue the juvenile court proceedings.          Sec. 55.18.  DISCHARGE FROM COURT-ORDERED INPATIENT OR   OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18   YEARS OF AGE. If the child is discharged from the mental health   facility or from outpatient treatment services before reaching 18   years of age, the juvenile court may:                (1)  dismiss the juvenile court proceedings with   prejudice; or                (2)  dissolve the stay and continue with proceedings   under this title as though no order of mental health services had   been made.          Sec. 55.19.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON   18TH BIRTHDAY. (a) The juvenile court may waive its exclusive   original jurisdiction and [shall] transfer all pending proceedings   from the juvenile court to a criminal court on or after the 18th   birthday of a child for whom the juvenile court or a court to which   the child's case was [is] referred under Section 55.12(2) [has]   ordered inpatient mental health services if:                (1)  the child is not discharged or furloughed from the   inpatient mental health 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)  A court conducting a waiver of jurisdiction and   discretionary transfer hearing under this section shall conduct the   hearing according to Sections 54.02(j), (k), and (l).          (c)  If after the hearing the juvenile court waives its   jurisdiction and transfers the person to criminal court, the [The]   juvenile court shall send notification of the transfer of a child   under Subsection (a) to the inpatient mental health facility. The   criminal court shall, within 90 days 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.          SECTION 6.  Section 55.31, Family Code, is amended by   amending Subsections (c) and (d) and adding Subsections (e) and (f)   to read as follows:          (c)  If the court determines that probable cause exists to   believe that the child is unfit to proceed, the court shall   temporarily stay the juvenile court proceedings and immediately   order the child to be examined under Section 55.04 [51.20. The   information obtained from the examination must include expert   opinion as to whether the child is unfit to proceed as a result of   mental illness or an intellectual disability].          (d)  During an examination ordered under this section, and in   any report based on that examination, an expert shall consider, in   addition to other issues determined relevant by the expert:                (1)  whether the child, as supported by current   indications and the child's personal history:                      (A)  is a child with mental illness; or                      (B)  is a child with an intellectual disability;                 (2)  the child's capacity to:                      (A)  appreciate the allegations against the   child;                      (B)  appreciate the range and nature of allowable   dispositions that may be imposed in the proceedings against the   child;                      (C)  understand the roles of the participants and   the adversarial nature of the legal process;                      (D)  display appropriate courtroom behavior; and                       (E)  testify relevantly; and                (3)  the degree of impairment resulting from the   child's mental illness or intellectual disability and the specific   impact on the child's capacity to engage with counsel in a   reasonable and rational manner.          (e)  An expert's report to the court must state an opinion on   the child's fitness to proceed or explain why the expert is unable   to state that opinion and include:                (1)  the child's history and current status regarding   any possible mental illness or intellectual disability;                (2)  the child's developmental history as it relates to   any possible mental illness or intellectual disability;                (3)  the child's functional abilities related to   fitness to stand trial;                (4)  the relationship between deficits in the child's   functional abilities related to fitness to proceed and any mental   illness or intellectual disability; and                (5)  if the expert believes the child is in need of   remediation or restoration services, a discussion of:                      (A)  whether the child's abilities are likely to   be remediated or restored within the period described by Section   55.33(a)(1), (2), or (3);                      (B)  whether the child may be adequately treated   in an alternative setting;                      (C)  any recommended interventions to aid in the   remediation or restoration of the child's fitness;                       (D)  whether the child meets criteria for   court-ordered treatment or services under Section 55.05 or 55.06;   and                      (E)  if applicable, the specific criteria the   child meets under Paragraph (D).          (f) [(d)]  After considering all relevant information,   including information obtained from an examination under Section   55.04 [51.20], the court shall:                (1)  if the court determines that evidence exists to   support a finding that the child is unfit to proceed, proceed under   Section 55.32; or                (2)  if the court determines that evidence does not   exist to support a finding that the child is unfit to proceed,   dissolve the stay and continue the juvenile court proceedings.          SECTION 7.  Sections 55.33 and 55.35, Family Code, are   amended to read as follows:          Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO   PROCEED. (a)  If the juvenile court or jury determines under   Section 55.32 that a child is unfit as a result of mental illness or   an intellectual disability to proceed with the juvenile court   proceedings for delinquent conduct, the court shall:                (1)  provided that the child meets the inpatient mental   health services or residential intellectual disability services   [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or   D, Title 7, Health and Safety Code], order the child placed with the   Health and Human Services Commission [Department of State Health   Services or the Department of Aging and Disability Services, as   appropriate,] for a period of not more than 90 days, which order may   not specify a shorter period, for placement in a facility   designated by the commission [department];                (2)  on application by the child's parent, guardian, or   guardian ad litem, order the child placed in a private psychiatric   inpatient facility or residential care facility for a period of not   more than 90 days, which order may not specify a shorter period, but   only if:                      (A)  the unfitness to proceed is a result of   mental illness or an intellectual disability; and                      (B)  the placement is agreed to in writing by the   administrator of the facility; or                (3)  subject to Subsection (d) [(c)], if the court   determines that the child may be adequately treated or served in an   alternative setting and finds that the child does not meet criteria   for court-ordered inpatient mental health services or residential   intellectual disability services under Section 55.05 or 55.06,   order the child to receive treatment for mental illness or services   for the child's intellectual disability, as appropriate, on an   outpatient basis for a period of [not more than] 90 days, with the   possibility of extension as ordered by the court [which order may   not specify a shorter period].          (b)  If a child receives treatment for mental illness or   services for the child's intellectual disability on an outpatient   basis in an alternative setting under Subsection (a)(3), juvenile   probation departments may provide restoration classes in   collaboration with the outpatient alternative setting.          (c)  If the court orders a child placed in a private   psychiatric inpatient facility or residential care facility under   Subsection (a)(2) or in an alternative setting under Subsection   (a)(3), the state or a political subdivision of the state may be   ordered to pay any costs associated with the ordered services   [child's placement], subject to an express appropriation of funds   for the purpose.          (d) [(c)]  Before issuing an order described by Subsection   (a)(3), the court shall consult with the local juvenile probation   department, [and] with local treatment or service providers, with   the local mental health authority, and with the local intellectual   and developmental disability authority to determine the   appropriate treatment or services and restoration classes for the   child.          Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR   ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court   issues an [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 intellectual disability to   the public or private facility or outpatient alternative setting   [center], as appropriate.          (b)  Not later than the 75th day after the date the court   issues an [a placement] order under Section 55.33(a), the public or   private facility or outpatient alternative setting [center], as   appropriate, shall submit to the court a report that:                (1)  describes the treatment or services provided to   the child by the facility or alternative setting [center]; and                (2)  states the opinion of the director of the facility   or alternative setting [center] as to whether the child is fit or   unfit to proceed.          (c)  If the report under Subsection (b) states that the child   is unfit to proceed, the report must also include an opinion and the   reasons for that opinion as to whether the child meets the criteria   for court-ordered mental health services or court-ordered   intellectual disability services under Section 55.05 or 55.06.          (d)  The report of an outpatient alternative setting   collaborating with a juvenile probation department to provide   restoration classes must include any information provided by the   juvenile probation department regarding the child's assessment at   the conclusion of the restoration classes.          (e)  The court shall provide a copy of the report submitted   under Subsection (b) to the prosecuting attorney and the attorney   for the child.          SECTION 8.  Section 55.36(d), Family Code, is amended to   read as follows:          (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 or 55.40, as appropriate.          SECTION 9.  Sections 55.37 and 55.40, Family Code, are   amended to read as follows:          Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A   RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS   FOR COURT-ORDERED MENTAL HEALTH SERVICES. 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 court-ordered mental health services under Section   55.05 [civil commitment under Subtitle C, Title 7, Health and   Safety Code], the director of the public or private facility or   outpatient alternative setting [center], as appropriate, shall   submit to the court two certificates of medical examination for   mental illness, as described by Subchapter A, Chapter 574, Health   and Safety Code. On receipt of the certificates, the court shall:                (1)  initiate proceedings as provided by Section 55.66   for temporary or extended mental health services, as provided by   this chapter and Subchapter C, Chapter 574, [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 55.68   [55.39] to the appropriate court for the initiation of proceedings   in that court for temporary or extended mental health services for   [commitment of] the child under this chapter and Subchapter C,   Chapter 574, [Subtitle C, Title 7,] Health and Safety Code.          Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A   RESULT OF INTELLECTUAL DISABILITY.  If a report submitted under   Section 55.35(b) states that a child is unfit to proceed as a result   of an intellectual disability and that the child meets the   [commitment] criteria for court-ordered residential intellectual   disability services under Section 55.06 [civil commitment under   Subtitle D, Title 7, Health and Safety Code], the director of the   residential care facility or alternative setting 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 55.67   [55.41] in the juvenile court for court-ordered residential   intellectual disability services 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 55.68   [55.42] to the appropriate court for the initiation of proceedings   in that court for court-ordered residential intellectual   disability services for [commitment of] the child under Subtitle D,   Title 7, Health and Safety Code.          SECTION 10.  Section 55.43(a), Family Code, is amended to   read as follows:          (a)  The prosecuting attorney may file with the juvenile   court a motion for a restoration hearing concerning a child if:                (1)  the child is found unfit to proceed as a result of   mental illness or an intellectual disability; and                (2)  the child:                      (A)  is not:                            (i)  ordered by a court to receive inpatient   mental health or intellectual disability services;                            (ii)  ordered [committed] by a court to   receive services at a residential care facility; or                            (iii)  ordered by a court to receive   treatment or services on an outpatient basis; or                      (B)  is discharged or currently on furlough from a   mental health facility or discharged from an alternative setting   [outpatient center] before the child reaches 18 years of age.          SECTION 11.  Section 55.44, Family Code, is amended to read   as follows:          Sec. 55.44.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON   18TH BIRTHDAY OF CHILD. (a)  The juvenile court may waive its   exclusive original jurisdiction and [shall] transfer all pending   proceedings from the juvenile court to a criminal court on or after   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 an   intellectual disability 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)  A court conducting a waiver of jurisdiction and   discretionary transfer hearing under this section shall conduct the   hearing according to Sections 54.02(j), (k), and (l).          (c)  If after the hearing the juvenile court waives its   jurisdiction and transfers the case to criminal court, the [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.          SECTION 12.  Sections 55.45(b) and (c), Family Code, are   amended to read as follows:          (b)  If the juvenile court or a court to which the child's   case is referred under Section 55.40(2) orders the intellectual   disability services for [commitment of] the child to be provided at   [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   intellectual disability services for [commitment of] the child or   that referred the case to a court that ordered intellectual   disability services for [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 Article 42A.054,   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 services for   [commitment of] the child or that referred the case to a court that   ordered services for [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.          SECTION 13.  Section 55.51(b), Family Code, is amended to   read as follows:          (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 an   intellectual disability for the child's conduct, the court shall   order the child to be examined under Section 55.04 [51.20].  The   information obtained from the examinations must include expert   opinion as to:                (1)  whether the child is a child with mental illness or   an intellectual disability;                (2)  whether the child is not responsible for the   child's conduct as a result of mental illness or an intellectual   disability;                (3)  whether the child meets criteria for court-ordered   mental health or intellectual disability services under Section   55.05 or 55.06; and                (4)  if applicable, the specific criteria the child   meets under Subdivision (3).          SECTION 14.  Sections 55.52 and 55.54, Family Code, are   amended to read as follows:          Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF   RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a   child is not responsible for the child's conduct under Section   55.51 as a result of mental illness or an intellectual disability,   the court shall:                (1)  provided that the child meets the inpatient mental   health services or residential intellectual disability services   [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or   D, Title 7, Health and Safety Code], order the child placed with the   Health and Human Services Commission [Department of State Health   Services or the Department of Aging and Disability Services, as   appropriate,] for a period of not more than 90 days, which order may   not specify a shorter period, for placement in a facility   designated by the commission [department];                (2)  on application by the child's parent, guardian, or   guardian ad litem, order the child placed in a private psychiatric   inpatient facility or residential care facility for a period of not   more than 90 days, which order may not specify a shorter period, but   only if:                      (A)  the child's lack of responsibility is a   result of mental illness or an intellectual disability; and                      (B)  the placement is agreed to in writing by the   administrator of the facility; or                (3)  subject to Subsection (c), if the court determines   that the child may be adequately treated or served in an alternative   setting and finds that the child does not meet criteria for   court-ordered inpatient mental health services or residential   intellectual disability services under Section 55.05 or 55.06,   order the child to receive treatment for mental illness or services   for the child's intellectual disability, as appropriate, on an   outpatient basis for a period of [not more than] 90 days, with the   possibility of extension as ordered by the court [which order may   not specify a shorter period].          (b)  If the court orders a child placed in a private   psychiatric inpatient facility or residential care facility under   Subsection (a)(2) or in an alternative setting under Subsection   (a)(3), the state or a political subdivision of the state may be   ordered to pay any costs associated with the ordered services   [child's placement], subject to an express appropriation of funds   for the purpose.          (c)  Before issuing an order described by Subsection (a)(3),   the court shall consult with the local juvenile probation   department, [and] with local treatment or service providers, with   the local mental health authority, and with the local intellectual   and developmental disability authority to determine the   appropriate treatment or services for the child.          Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR   ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court   issues an [a placement] order under Section 55.52(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 intellectual disability to   the public or private facility or alternative setting [outpatient   center], as appropriate.          (b)  Not later than the 75th day after the date the court   issues an [a placement] order under Section 55.52(a), the public or   private facility or alternative setting [outpatient center], as   appropriate, shall submit to the court a report that:                (1)  describes the treatment or services provided to   the child by the facility or alternative setting [center]; and                (2)  states the opinion of the director of the facility   or alternative setting [center] as to whether the child is a child   with [has a] mental illness or an intellectual disability.          (c)  If the report under Subsection (b) states that the child   is a child with mental illness or an intellectual disability, the   report must include an opinion as to whether the child meets   criteria for court-ordered mental health services or court-ordered   intellectual disability services under Section 55.05 or 55.06.          (d) [(c)]  The court shall send a copy of the report   submitted under Subsection (b) to the prosecuting attorney and the   attorney for the child.          SECTION 15.  Sections 55.55(b), (c), (d), and (e), Family   Code, are amended to read as follows:          (b)  On objection by the prosecuting attorney under   Subsection (a), the juvenile court shall hold a hearing without a   jury to determine whether the child is a child with [has a] mental   illness or an intellectual disability and whether the child meets   the [commitment] criteria for court-ordered mental health services   or court-ordered intellectual disability services [civil   commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,   Health and Safety Code].          (c)  At the hearing, the burden is on the state to prove by   clear and convincing evidence that the child is a child with [has a]   mental illness or an intellectual disability and that the child   meets the [commitment] criteria for court-ordered mental health   services or court-ordered intellectual disability services [civil   commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,   Health and Safety Code].          (d)  If, after a hearing, the court finds that the child does   not have a mental illness or an intellectual disability and that the   child does not meet the [commitment] criteria for court-ordered   treatment services under Section 55.05 or 55.06 [Subtitle C or D,   Title 7, Health and Safety Code], the court shall discharge the   child.          (e)  If, after a hearing, the court finds that the child has a   mental illness or an intellectual disability and that the child   meets the [commitment] criteria for court-ordered treatment   services under Section 55.05 or 55.06 [Subtitle C or D, Title 7,   Health and Safety Code], the court shall issue an appropriate   [commitment] order for court-ordered mental health services or   court-ordered intellectual disability services.          SECTION 16.  Section 55.56, Family Code, is amended to read   as follows:          Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS;   INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL   HEALTH SERVICES. If a report submitted under Section 55.54(b)   states that a child is a child with [has a] mental illness and that   the child meets the [commitment] criteria for court-ordered mental   health services [civil commitment] under Section 55.05 [Subtitle C,   Title 7, Health and Safety Code], the director of the public or   private facility or alternative setting [outpatient center], as   appropriate, shall submit to the court two certificates of medical   examination for mental illness, as described by Subchapter A,   Chapter 574, Health and Safety Code. On receipt of the   certificates, the court shall:                (1)  initiate proceedings as provided by Section 55.66   [55.57] in the juvenile court for court-ordered mental health   services 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 55.68   [55.58] to the appropriate court for the initiation of proceedings   in that court for court-ordered mental health services for   [commitment of] the child under Subtitle C, Title 7, Health and   Safety Code.          SECTION 17.  Section 55.59, Family Code, is amended to read   as follows:          Sec. 55.59.  REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;   INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED   RESIDENTIAL INTELLECTUAL DISABILITY SERVICES.  If a report   submitted under Section 55.54(b) states that a child is a child with    [has] an intellectual disability and that the child meets the   [commitment] criteria for court-ordered residential intellectual   disability services under Section 55.06 [civil commitment under   Subtitle D, Title 7, Health and Safety Code], the director of the   residential care facility or alternative setting shall submit to   the court an affidavit stating the conclusions reached as a result   of the diagnosis.  On receipt of an affidavit, the juvenile court   shall:                (1)  initiate proceedings in the juvenile court as   provided by Section 55.67 [55.60] for court-ordered residential   intellectual disability services for [commitment of] the child   under Subtitle D, Title 7, Health and Safety Code; or                (2)  refer the child's case to the appropriate court as   provided by Section 55.68 [55.61] for the initiation of proceedings   in that court for court-ordered residential intellectual   disability services for [commitment of] the child under Subtitle D,   Title 7, Health and Safety Code.          SECTION 18.  Chapter 55, Family Code, is amended by adding   Subchapter E, and a heading is added to that subchapter to read as   follows:   SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR   RESIDENTIAL INTELLECTUAL DISABILITY SERVICES          SECTION 19.  Sections 55.13 and 55.14, Family Code, are   transferred to Subchapter E, Chapter 55, Family Code, as added by   this Act, redesignated as Sections 55.65 and 55.68, Family Code,   respectively, and amended to read as follows:          Sec. 55.65  [55.13]. [COMMITMENT] PROCEEDINGS IN JUVENILE   COURT FOR CHILD WITH MENTAL ILLNESS. (a) If the juvenile court   initiates proceedings for temporary or extended mental health   services under Section 55.12(1), the prosecuting attorney or the   attorney for the child may file with the juvenile court an   application for court-ordered mental health services under   Sections [Section] 574.001 and 574.002, 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)  direct the local mental health authority to file,   before the date set for the hearing, its recommendation for the   child's proposed treatment, as required by Section 574.012, Health   and Safety Code;                (3)  identify the person responsible for court-ordered   outpatient mental health services not later than the third day   before the date set for a hearing that may result in the court   ordering the child to receive court-ordered outpatient mental   health services, as required by Section 574.0125, Health and Safety   Code;                (4)  appoint physicians necessary to examine the child   and to complete the certificates of medical examination for mental   illness required under Section 574.009, Health and Safety Code; and                (5)  conduct the hearing in accordance with Subchapter   C, Chapter 574, Health and Safety Code.          (b)  The burden of proof at the hearing is on the party who   filed the application.          (c)  [The juvenile court shall appoint the number of   physicians necessary to examine the child and to complete the   certificates of medical examination for mental illness required   under Section 574.009, Health and Safety Code.          [(d)]  After conducting a hearing on an application under   this section and with consideration given to the least restrictive   appropriate setting for treatment of the child and to the parent's,   managing conservator's, or guardian's availability and willingness   to participate in the treatment of the child, the juvenile court   shall:                (1)  if the criteria under Section 55.05(a) or (b)   [574.034 or 574.0345, Health and Safety Code,] are satisfied, order   temporary inpatient or outpatient mental health services for the   child under Chapter 574, Health and Safety Code; or                (2)  if the criteria under Section 55.05(c) or (d)   [574.035 or 574.0355, Health and Safety Code,] are satisfied, order   extended inpatient or outpatient mental health services for the   child under Chapter 574, Health and Safety Code.          (d)  On receipt of the court's order for inpatient mental   health services, the Health and Human Services Commission shall   identify a facility and admit the child to the identified facility.          (e)  If the child is currently detained in a juvenile   detention facility, the juvenile court shall:                (1)  order the child released from detention to the   child's home or another appropriate place;                (2)  order the child detained or placed in an   appropriate facility other than a juvenile detention facility; or                (3)  conduct a detention hearing and, if the court   makes findings under Section 54.01 to support further detention of   the child, order the child to remain in the juvenile detention   facility subject to further detention orders of the court.          Sec. 55.68 [55.14].  REFERRAL FOR [COMMITMENT] PROCEEDINGS   FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR   LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR   INTELLECTUAL DISABILITY.  (a) If the juvenile court refers the   child's case to an [the] appropriate court for the initiation of   [commitment] proceedings for court-ordered treatment services   under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2),   the juvenile court shall:                (1)  send to the clerk of the court to which the case is   referred all papers, including evaluations, examination reports,   court findings, orders, verdicts, judgments, and reports from   facilities and alternative settings, relating to:                      (A)  the child's mental illness or intellectual   disability;                      (B)  the child's unfitness to proceed, if   applicable; and                      (C)  the finding that the child was not   responsible for the child's conduct, if applicable [to the clerk of   the court to which the case is referred]; and                (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 the clerk of a court under Subsection   (a)(1) constitute an application for court-ordered mental health   services under Section 574.001, Health and Safety Code, or an   application for placement under Section 593.041, Health and Safety   Code, as applicable.          (c)  If the child is currently detained in a juvenile   detention facility, the juvenile court shall:                (1)  order the child released from detention to the   child's home or another appropriate place;                (2)  order the child detained or placed in an   appropriate facility other than a juvenile detention facility; or                (3)  conduct a detention hearing and, if the court   makes findings under Section 54.01 to support further detention of   the child, order the child to remain in the juvenile detention   facility subject to further detention orders of the court.          SECTION 20.  Sections 55.38 and 55.41, Family Code, are   transferred to Subchapter E, Chapter 55, Family Code, as added by   this Act, redesignated as Sections 55.66 and 55.67, Family Code,   respectively, and amended to read as follows:          Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE   COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY   FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court   initiates [commitment] proceedings for court-ordered mental health   services under Section 55.37(1) or 55.56(1), the prosecuting   attorney may file with the juvenile court an application for   court-ordered mental health services under Sections [Section]   574.001 and 574.002, 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)  direct the local mental health authority to file,   before the date set for the hearing, its recommendation for the   child's proposed treatment, as required by Section 574.012, Health   and Safety Code;                (3)  identify the person responsible for court-ordered   outpatient mental health services at least three days before the   date of a hearing that may result in the court ordering the child to   receive court-ordered outpatient mental health services, as   required by Section 574.012, Health and Safety Code; and                (4)  conduct the hearing in accordance with Subchapter   C, Chapter 574, Health and Safety Code.          (b)  After conducting a hearing under this section and with   consideration given to the least restrictive appropriate setting   for treatment of the child and to the parent's, managing   conservator's, or guardian's availability and willingness to   participate in the treatment of the child [Subsection (a)(2)], the   juvenile court shall:                (1)  if the criteria for court-ordered mental health   services under Section 55.05(a) or (b) [574.034 or 574.0345, Health   and Safety Code,] are satisfied, order temporary inpatient or   outpatient mental health services; or                (2)  if the criteria for court-ordered mental health   services under Section 55.05(c) or (d) [574.035 or 574.0355, Health   and Safety Code,] are satisfied, order extended inpatient or   outpatient mental health services.          (c)  On receipt of the court's order for inpatient mental   health services, the Health and Human Services Commission shall   identify a facility and admit the child to the identified facility.          (d)  If the child is currently detained in a juvenile   detention facility, the juvenile court shall:                (1)  order the child released from detention to the   child's home or another appropriate place;                (2)  order the child detained or placed in an   appropriate facility other than a juvenile detention facility; or                (3)  conduct a detention hearing and, if the court   makes findings under Section 54.01 to support further detention of   the child, order the child to remain in the juvenile detention   facility subject to further detention orders of the court.          Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE   COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY   FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY.  (a) If   the juvenile court initiates [commitment] proceedings under   Section 55.40(1) or 55.59(1), the prosecuting attorney may file   with the juvenile court an application for an interdisciplinary   team report and recommendation that the child is in need of   long-term placement in a residential care facility, 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 this section and with   consideration given to the least restrictive appropriate setting   for services for the child and to the parent's, managing   conservator's, or guardian's availability and willingness to   participate in the services for the child [Subsection (a)(2)], the   juvenile court may order residential intellectual disability   services for the child if the [commitment of the child to a   residential care facility if the commitment] criteria under Section   55.06 [593.052, Health and Safety Code,] are satisfied.          (c)  On receipt of the court's order, the Health and Human   Services Commission [Department of Aging and Disability Services or   the appropriate community center] shall identify a residential care   facility and admit the child to the identified [a residential care]   facility.          (d)  If the child is currently detained in a juvenile   detention facility, the juvenile court shall:                (1)  order the child released from detention to the   child's home or another appropriate place;                (2)  order the child detained or placed in an   appropriate facility other than a juvenile detention facility; or                (3)  conduct a detention hearing and, if the court   makes findings under Section 54.01 to support further detention of   the child, order the child to remain in the juvenile detention   facility subject to further detention orders of the court.          SECTION 21.  Sections 55.39, 55.42, 55.57, 55.58, 55.60, and   55.61, Family Code, are repealed.          SECTION 22.  The changes in law made by this Act apply only   to a juvenile court hearing or proceeding that commences on or after   the effective date of this Act.  A juvenile court hearing or   proceeding that commences before the effective date of this Act is   governed by the law in effect on the date the hearing or proceeding   commenced, and the former law is continued in effect for that   purpose.          SECTION 23.  This Act takes effect September 1, 2023.