2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter E. Proceedings for Court-Ordered Mental Health or Residential Intellectual Disability Services › Section 55.65. Proceedings in Juvenile Court for Child With Mental Illness

Sec. 55.65.  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 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;
(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)   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) 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) 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.
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. 3, eff. September 1, 2019.
Transferred, redesignated and amended from Family Code, Section 55.13 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 19, eff. September 1, 2023.