reglab/housing_qa huggingface dataset:
TX Fam Code § 55.44 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter C. Child Unfit to Proceed as a Result of Mental Illness or Intellectual Disability|Section 55.44. Transfer to Criminal Court on 18th Birthday of Child

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 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)  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 (H.B. 2884), Sec. 14, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.016, eff. April 2, 2015.|
TX Fam Code § 55.45 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter C. Child Unfit to Proceed as a Result of Mental Illness or Intellectual Disability|Section 55.45. Standards of Care; Notice of Release or Furlough

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 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 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 (H.B. 2884), Sec. 15, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.34, eff. January 1, 2017.|
TX Fam Code § 55.51 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.51. Lack of Responsibility for Conduct Determination; Examination

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 an intellectual disability, 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 an intellectual disability 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 an intellectual disability.(c)  The issue of whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability shall be tried to the court or jury in the adjudication hearing.(d)  Lack of responsibility for conduct as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence.(e)  In its findings or verdict the court or jury must state whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability.(f)  If the court or jury finds the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability, the court shall proceed under Section 55.52.(g)  A child found to be not responsible for the child's conduct as a result of mental illness or an intellectual disability shall not be subject to proceedings under this title with respect to such conduct, other than proceedings under Section 55.52.|Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31, 1995.  Renumbered from Family Code Sec. 55.05 and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.018, eff. April 2, 2015.|
TX Fam Code § 55.52 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.52. Proceedings Following Finding of Lack of Responsibility for Conduct

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 commitment criteria under Subtitle C or D, Title 7, Health and Safety Code, order the child placed with the 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 department;(2)  on application by the child's parent, guardian, or guardian ad litem, order the child placed in a private psychiatric inpatient 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; 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, 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, which order may not specify a shorter period.(b)  If the court orders a child placed in a private psychiatric inpatient facility under Subsection (a)(2), 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.(c)  Before issuing an order described by Subsection (a)(3), the court shall consult with the probation department and with local treatment or service providers to determine the appropriate treatment or services for the child.|Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.019, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 5, eff. September 1, 2021.|
TX Fam Code § 55.53 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.53. Transportation to and From Facility

Sec. 55.53.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If the court issues a placement order under Section 55.52(a)(1) or (2), 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.Amended by: Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 6, eff. September 1, 2021.|
TX Fam Code § 55.54 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.54. Information Required to Be Sent to Facility; Report to Court

Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY;  REPORT TO COURT.  (a)  If the juvenile court issues 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 outpatient center, as appropriate.(b)  Not later than the 75th day after the date the court issues a placement order under Section 55.52(a), the public or private facility or 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 center; and(2)  states the opinion of the director of the facility or center as to whether the child has a mental illness or an intellectual disability.(c)  The court shall send 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.020, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 7, eff. September 1, 2021.|
TX Fam Code § 55.55 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.55. Report That Child Does Not Have Mental Illness or Intellectual Disability; Hearing on Objection

Sec. 55.55.  REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY;  HEARING ON OBJECTION.  (a)  If a report submitted under Section 55.54(b) states that a child does not have a mental illness or an intellectual disability, the juvenile court shall discharge the child unless:(1)  an adjudication hearing was conducted concerning conduct that included a violation of a penal law listed in Section 53.045(a) and a petition was approved by a grand jury under Section 53.045; and(2)  the prosecuting attorney objects in writing not later than the second day after the date the attorney receives a copy of the report under Section 55.54(c).(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 has a mental illness or an intellectual disability and whether the child meets the commitment criteria for civil commitment under 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 has a mental illness or an intellectual disability and that the child meets the commitment criteria for civil commitment under 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 under 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 under Subtitle C or D, Title 7, Health and Safety Code, the court shall issue an appropriate commitment order.|Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.021, eff. April 2, 2015.|
TX Fam Code § 55.56 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.56. Report That Child Has Mental Illness; Initiation of Commitment Proceedings

Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS;  INITIATION OF COMMITMENT PROCEEDINGS.  If a report submitted under Section 55.54(b) states that a child has a 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 55.57 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 55.58 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.|
TX Fam Code § 55.57 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.57. Commitment Proceedings in Juvenile Court for Mental Illness

Sec. 55.57.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment proceedings under Section 55.56(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 or 574.0345, Health and Safety Code, are satisfied, order temporary mental health services; or(2)  if the criteria under Section 574.035 or 574.0355, 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.Amended by: Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 5, eff. September 1, 2019.|
TX Fam Code § 55.58 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.58. Referral for Commitment Proceedings for Mental Illness

Sec. 55.58.  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 55.56(2), the juvenile court shall:(1)  send all papers relating to the child's mental illness, including the verdict and judgment of the juvenile court finding that the child was not responsible for the child's conduct, 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 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.|
TX Fam Code § 55.59 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.59. Report That Child Has Intellectual Disability; Initiation of Commitment Proceedings

Sec. 55.59.  REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;  INITIATION OF COMMITMENT PROCEEDINGS.  If a report submitted under Section 55.54(b) states that a child has an intellectual disability 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 an affidavit, the juvenile court shall:(1)  initiate proceedings in the juvenile court as provided by Section 55.60 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 55.61 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.022, eff. April 2, 2015.|
TX Fam Code § 55.60 (2021)
2021 Texas Statutes|Family Code|Title 3 - Juvenile Justice Code|Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability|Subchapter D. Lack of Responsibility for Conduct as a Result of Mental Illness or Intellectual Disability|Section 55.60. Commitment Proceedings in Juvenile Court for Children With Intellectual Disability

Sec. 55.60.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR CHILDREN WITH INTELLECTUAL DISABILITY.  (a)  If the juvenile court initiates commitment proceedings under Section 55.59(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 only if the commitment criteria under Section 593.052, Health and Safety Code, are satisfied.(c)  On receipt of the court's order, the Department of Aging and Disability Services 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. 32, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.023, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.024, eff. April 2, 2015.|