reglab/housing_qa huggingface dataset:
TX Fam Code § 55.31 (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 55.31. Unfitness to Proceed Determination; Examination

Sec. 55.31.  UNFITNESS TO PROCEED DETERMINATION;  EXAMINATION.  (a)  A child alleged by petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision who as a result of mental illness or an intellectual disability lacks capacity to understand the proceedings in juvenile court or to assist in the child's own defense is unfit to proceed and shall not be subjected to discretionary transfer to criminal court, adjudication, disposition, or modification of disposition as long as such incapacity endures.(b)  On a motion by a party, the juvenile court shall determine whether probable cause exists to believe that a child who is alleged by petition or who is found to have engaged in delinquent conduct or conduct indicating a need for supervision is unfit to proceed as a result of mental illness or an intellectual disability. In making its determination, the court may:(1)  consider the motion, supporting documents, professional statements of counsel, and witness testimony; and(2)  make its own observation of the child.(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 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)  After considering all relevant information, including information obtained from an examination under Section 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.|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.  Redesignated from Family Code Sec. 55.04(a) and (b) 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. 1.006, eff. April 2, 2015.|
TX Fam Code § 55.32 (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 55.32. Hearing on Issue of Fitness to Proceed

Sec. 55.32.  HEARING ON ISSUE OF FITNESS TO PROCEED.  (a)  If the juvenile court determines that evidence exists to support a finding that a child is unfit to proceed as a result of mental illness or an intellectual disability, the court shall set the case for a hearing on that issue.(b)  The issue of whether the child is unfit to proceed as a result of mental illness or an intellectual disability shall be determined at a hearing separate from any other hearing.(c)  The court shall determine the issue of whether the child is unfit to proceed unless the child or the attorney for the child demands a jury before the 10th day before the date of the hearing.(d)  Unfitness to proceed as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence.(e)  If the court or jury determines that the child is fit to proceed, the juvenile court shall continue with proceedings under this title as though no question of fitness to proceed had been raised.(f)  If the court or jury determines that the child is unfit to proceed as a result of mental illness or an intellectual disability, the court shall:(1)  stay the juvenile court proceedings for as long as that incapacity endures; and(2)  proceed under Section 55.33.(g)  The fact that the child is unfit to proceed as a result of mental illness or an intellectual disability does not preclude any legal objection to the juvenile court proceedings which is susceptible of fair determination prior to the adjudication hearing and without the personal participation of the child.|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.  Redesignated from Family Code Sec. 55.04(c) to (f) and (h) 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. 1.007, eff. April 2, 2015.|
TX Fam Code § 55.33 (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 55.33. Proceedings Following Finding of Unfitness to Proceed

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 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 unfitness to proceed 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. 1.008, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 1, eff. September 1, 2021.|
TX Fam Code § 55.34 (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 55.34. Transportation to and From Facility

Sec. 55.34.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If the court issues a placement order under Section 55.33(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. 2, eff. September 1, 2021.|
TX Fam Code § 55.35 (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 55.35. Information Required to Be Sent to Facility; Report to Court

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 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 55.33(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 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.009, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 3, eff. September 1, 2021.|
TX Fam Code § 55.36 (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 55.36. Report That Child Is Fit to Proceed; Hearing on Objection

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.|
TX Fam Code § 55.37 (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 55.37. Report That Child Is Unfit to Proceed as a Result of Mental Illness; Initiation of Commitment Proceedings

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.|
TX Fam Code § 55.38 (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 55.38. Commitment Proceedings in Juvenile Court for Mental Illness

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 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. 4, eff. September 1, 2019.|
TX Fam Code § 55.39 (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 55.39. Referral for Commitment Proceedings for Mental Illness

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.|
TX Fam Code § 55.40 (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 55.40. Report That Child Is Unfit to Proceed as a Result of Intellectual Disability

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 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.010, eff. April 2, 2015.|
TX Fam Code § 55.41 (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 55.41. Commitment Proceedings in Juvenile Court for Children With Intellectual Disability

Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR CHILDREN WITH INTELLECTUAL DISABILITY.  (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 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. 30, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.011, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.012, eff. April 2, 2015.|
TX Fam Code § 55.42 (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 55.42. Referral for Commitment Proceedings for Children With Intellectual Disability

Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR CHILDREN WITH INTELLECTUAL DISABILITY.  (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 intellectual disability 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.013, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.014, eff. April 2, 2015.|
TX Fam Code § 55.43 (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 55.43. Restoration Hearing

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 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)  committed by a court to 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 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 (H.B. 2884), Sec. 13, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.015, eff. April 2, 2015.Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 4, eff. September 1, 2021.|