reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0481. Restitution for Damaging Property With Graffiti

Sec. 54.0481.  RESTITUTION FOR DAMAGING PROPERTY WITH GRAFFITI.  (a)  A juvenile court, in a disposition hearing under Section 54.04 regarding a child who has been adjudicated to have engaged in delinquent conduct that violates Section 28.08, Penal Code:
(1)  may order the child or a parent or other person responsible for the child's support to make restitution by:
(A)  reimbursing the owner of the property for the cost of restoring the property; or
(B)  with the consent of the owner of the property, personally restoring the property by removing or painting over any markings the child made; and
(2)  if the child made markings on public property, a street sign, or an official traffic-control device in violation of Section 28.08, Penal Code, may order the child or a parent or other person responsible for the child's support to:
(A)  make to the political subdivision that owns the public property or erected the street sign or official traffic-control device restitution in an amount equal to the lesser of the cost to the political subdivision of replacing or restoring the public property, street sign, or official traffic-control device; or
(B)  with the consent of the political subdivision, restore the public property, street sign, or official traffic-control device by removing or painting over any markings made by the child on the property, sign, or device.
(b)  If a juvenile court orders a child to make restitution under Subsection (a) and the child, child's parent, or other person responsible for the child's support is financially unable to make the restitution, the court may order the child to perform a specific number of hours of community service to satisfy the restitution.
(c)  For purposes of Subsection (a), "official traffic-control device" has the meaning assigned by Section 541.304, Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1053 (H.B. 2151), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0482. Treatment of Restitution Payments

Sec. 54.0482.  TREATMENT OF RESTITUTION PAYMENTS.  (a)  A juvenile probation department that receives a payment to a victim as the result of a juvenile court order for restitution shall immediately:
(1)  deposit the payment in an interest-bearing account in the county treasury; and
(2)  notify the victim that a payment has been received.
(b)  The juvenile probation department shall promptly remit the payment to a victim who has been notified under Subsection (a) and makes a claim for payment.
(b-1)  If the victim does not make a claim for payment on or before the 30th day after the date of being notified under Subsection (a), the juvenile probation department shall notify the victim by certified mail, sent to the last known address of the victim, that a payment has been received.
(c)  On or before the fifth anniversary of the date the juvenile probation department receives a payment for a victim that is not claimed by the victim, the department shall make and document a good faith effort to locate and notify the victim that an unclaimed payment exists, including:
(1)  confirming, if possible, the victim's most recent address with the Department of Public Safety; and
(2)  making at least one additional certified mailing to the victim.
(d)  A juvenile probation department satisfies the good faith requirement under Subsection (c) by sending by certified mail to the victim, during the period the child is required by the juvenile court order to make payments to the victim, a notice that the victim is entitled to an unclaimed payment.
(e)  If a victim claims a payment on or before the fifth anniversary of the date on which the juvenile probation department mailed a notice to the victim under Subsection (b-1), the juvenile probation department shall pay the victim the amount of the original payment, less any interest earned while holding the payment.
(f)  If a victim does not claim a payment on or before the fifth anniversary of the date on which the juvenile probation department mailed a notice to the victim under Subsection (b-1), the department:
(1)  has no liability to the victim or anyone else in relation to the payment; and
(2)  shall transfer the payment from the interest-bearing account to a special fund of the county treasury, the unclaimed juvenile restitution fund.
(g)  The county may spend money in the unclaimed juvenile restitution fund only for the same purposes for which the county may spend juvenile state aid.
Added by Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 12, eff. September 1, 2007.
Renumbered from Family Code, Section 54.0481 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(14), eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 19, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.049. Conditions of Probation for Desecrating a Cemetery or Abusing a Corpse

Sec. 54.049.  CONDITIONS OF PROBATION FOR DESECRATING A CEMETERY OR ABUSING A CORPSE.  (a)  If a juvenile court places on probation under Section 54.04(d) a child adjudicated to have engaged in conduct in violation of Section 28.03(f), Penal Code, involving damage or destruction inflicted on a place of human burial or under Section 42.08, Penal Code, in addition to other conditions of probation, the court shall order the child to make restitution to a cemetery organization operating a cemetery affected by the conduct in an amount equal to the cost to the cemetery of repairing any damage caused by the conduct.
(b)  If a juvenile court orders a child to make restitution under Subsection (a) and the child is financially unable to make the restitution, the court may order:
(1)  the child to perform a specific number of hours of community service to satisfy the restitution; or
(2)  a parent or other person responsible for the child's support to make the restitution in the amount described by Subsection (a).
(c)  In this section, "cemetery" and "cemetery organization" have the meanings assigned by Section 711.001, Health and Safety Code.
Added by Acts 2005, 79th Leg., Ch. 1025 (H.B. 1012), Sec. 3, eff. June 18, 2005.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.0491. Gang-Related Conduct

Sec. 54.0491.  GANG-RELATED CONDUCT.  (a)  In this section:
(1)  "Criminal street gang" has the meaning assigned by Section 71.01, Penal Code.
(2)  "Gang-related conduct" means conduct that violates a penal law of the grade of Class B misdemeanor or higher and in which a child engages with the intent to:
(A)  further the criminal activities of a criminal street gang of which the child is a member;
(B)  gain membership in a criminal street gang; or
(C)  avoid detection as a member of a criminal street gang.
(b)  A juvenile court, in a disposition hearing under Section 54.04 regarding a child who has been adjudicated to have engaged in delinquent conduct that is also gang-related conduct, shall order the child to participate in a criminal street gang intervention program that is appropriate for the child based on the child's level of involvement in the criminal activities of a criminal street gang.  The intervention program:
(1)  must include at least 12 hours of instruction; and
(2)  may include voluntary tattoo removal.
(c)  If a child required to attend a criminal street gang intervention program is committed to the Texas Juvenile Justice Department as a result of the gang-related conduct, the child must complete the intervention program before being discharged from the custody of or released under supervision by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 19, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 53, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.052. Credit for Time Spent in Detention Facility for Child With Determinate Sentence

Sec. 54.052.  CREDIT FOR TIME SPENT IN DETENTION FACILITY FOR CHILD WITH DETERMINATE SENTENCE.  (a)  This section applies only to a child who is committed to:
(1)  the Texas Juvenile Justice Department under a determinate sentence under Section 54.04(d)(3) or (m) or Section 54.05(f); or
(2)  a post-adjudication secure correctional facility under a determinate sentence under Section 54.04011(c)(2).
(b)  The judge of the court in which a child is adjudicated shall give the child credit on the child's sentence for the time spent by the child, in connection with the conduct for which the child was adjudicated, in a secure detention facility before the child's transfer to a Texas Juvenile Justice Department facility or a post-adjudication secure correctional facility, as applicable.
(c)  If a child appeals the child's adjudication and is retained in a secure detention facility pending the appeal, the judge of the court in which the child was adjudicated shall give the child credit on the child's sentence for the time spent by the child in a secure detention facility pending disposition of the child's appeal.  The court shall endorse on both the commitment and the mandate from the appellate court all credit given the child under this subsection.
(d)  The Texas Juvenile Justice Department or the juvenile board or local juvenile probation department operating or contracting for the operation of the post-adjudication secure correctional facility under Section 152.0016, Human Resources Code, as applicable, shall grant any credit under this section in computing the child's eligibility for parole and discharge.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 10, eff. June 8, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 5, eff. December 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.07. Enforcement of Order

Sec. 54.07.  ENFORCEMENT OF ORDER.  (a)  Except as provided by Subsection (b) or a juvenile court child support order, any order of the juvenile court may be enforced as provided by Chapter 61.
(b)  A violation of any of the following orders of the juvenile court may not be enforced by contempt of court proceedings against the child:
(1)  an order setting conditions of probation;
(2)  an order setting conditions of deferred prosecution;  and
(3)  an order setting conditions of release from detention.
(c)  This section and Chapter 61 do not preclude a juvenile court from summarily finding a child or other person in direct contempt of the juvenile court for conduct occurring in the presence of the judge of the court.  Direct contempt of the juvenile court by a child is punishable by a maximum of 10 days' confinement in a secure juvenile detention facility or by a maximum of 40 hours of community service, or both.  The juvenile court may not impose a fine on a child for direct contempt.
(d)  This section and Chapter 61 do not preclude a juvenile court in an appropriate case from using a civil or coercive contempt proceeding to enforce an order.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1979, 66th Leg., p. 339, ch. 154, Sec. 3, eff. Sept. 1, 1979;  Acts 2003, 78th Leg., ch. 283, Sec. 23, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.08. Public Access to Court Hearings

Sec. 54.08.  PUBLIC ACCESS TO COURT HEARINGS.  (a)  Except as provided by this section, the court shall open hearings under this title to the public unless the court, for good cause shown, determines that the public should be excluded.
(b)  The court may not prohibit a person who is a victim of the conduct of a child, or the person's family, from personally attending a hearing under this title relating to the conduct by the child unless the victim or member of the victim's family is to testify in the hearing or any subsequent hearing relating to the conduct and the court determines that the victim's or family member's testimony would be materially affected if the victim or member of the victim's family hears other testimony at trial.
(c)  If a child is under the age of 14 at the time of the hearing, the court shall close the hearing to the public unless the court finds that the interests of the child or the interests of the public would be better served by opening the hearing to the public.
(d)  In this section, "family" has the meaning assigned by Section 71.003.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1987, 70th Leg., ch. 385, Sec. 11, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 262, Sec. 45, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1086, Sec. 12, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 54 - Judicial Proceedings › Section 54.09. Recording of Proceedings

Sec. 54.09.  RECORDING OF PROCEEDINGS.  All judicial proceedings under this chapter except detention hearings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.  Upon request of any party, a detention hearing shall be recorded.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter A. General Provisions › Section 55.01. Definitions

Sec. 55.01.  DEFINITIONS.  In 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" means a child determined by a physician or psychologist licensed in this state to have 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.
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. 1.002, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter A. General Provisions › Section 55.02. Mental Health and Intellectual Disability Jurisdiction

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 as provided by this chapter, the juvenile court has jurisdiction of proceedings under Subtitle C or 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. 1.003, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter A. General Provisions › Section 55.03. Standards of Care

Sec. 55.03.  STANDARDS OF CARE.  (a)  Except as provided by this chapter, a child for whom inpatient or outpatient mental health services are 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 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.
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. 1.004, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter A. General Provisions › Section 55.04. Forensic Mental Examination

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).
Added by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter A. General Provisions › Section 55.06. Criteria for Court-Ordered Residential Intellectual Disability Services for Child

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter B. Court-Ordered Mental Health Services for Child With Mental Illness › Section 55.11. Mental Illness Determination; Examination

Sec. 55.11.  MENTAL ILLNESS DETERMINATION;  EXAMINATION.  (a)  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 found to have engaged in delinquent conduct or conduct indicating a need for supervision has a mental illness.  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.
(b)  If the court determines that probable cause exists to believe that the child is a child with mental illness, the court shall temporarily stay the juvenile court proceedings and immediately order the child to be examined under Section 55.04.  The information obtained from the examination must include expert opinion as to:
(1)  whether the child is a child with mental illness;
(2)  whether the child meets the 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).
(c)  After considering all relevant information, including information obtained from an examination under Section 55.04, 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 mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05; 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 mental illness or that the child meets the criteria for court-ordered mental health services under Section 55.05.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter B. Court-Ordered Mental Health Services for Child With Mental Illness › Section 55.12. Initiation of Proceedings for Court-Ordered Mental Health Services

Sec. 55.12.  INITIATION OF 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 mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05, the court shall:
(1)  initiate proceedings as provided by Section 55.65 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 to the appropriate court for the initiation of proceedings in that court to order temporary or extended mental health services for the child under this chapter and Subchapter C, Chapter 574, Health and Safety Code.
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. 55.02(a) and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter B. Court-Ordered Mental Health Services for Child With Mental Illness › Section 55.15. Standards of Care; Expiration of Court Order for Mental Health Services

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.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1975, 64th Leg., p. 2157, ch. 693, Sec. 20 and 21, eff. Sept. 1, 1975;  Acts 1991, 72nd Leg., ch. 76, Sec. 9, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31, 1995.  Redesignated from Family Code Sec. 55.02(c) and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter B. Court-Ordered Mental Health Services for Child With Mental Illness › Section 55.16. Order for Mental Health Services; Stay of Proceedings

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 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 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.
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. 55.02(d) and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter B. Court-Ordered Mental Health Services for Child With Mental Illness › Section 55.17. Mental Health Services Not Ordered; Dissolution of Stay

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 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 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.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter B. Court-Ordered Mental Health Services for Child With Mental Illness › Section 55.18. Discharge From Court-Ordered Inpatient or Outpatient Mental Health Services Before Reaching 18 Years of Age

Sec. 55.18.  DISCHARGE FROM COURT-ORDERED INPATIENT OR OUTPATIENT MENTAL HEALTH SERVICES 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.
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. 55.02(e) by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability › Subchapter B. Court-Ordered Mental Health Services for Child With Mental Illness › Section 55.19. Discretionary Transfer to Criminal Court on 18th Birthday

Sec. 55.19.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.  (a)  The juvenile court may waive its exclusive original jurisdiction and 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 referred under Section 55.12(2) 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 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.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31, 1995.  Redesignated from Sec. 55.02(f) and (g) and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 35, Sec. 7, eff. Jan. 1, 2004.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 5, eff. September 1, 2023.
2023 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.
2023 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.
2023 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 or Alternative Setting; Report to Court

Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING;  REPORT TO COURT.  (a)  If the juvenile court issues an 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, as appropriate.
(b)  Not later than the 75th day after the date the court issues an order under Section 55.33(a), the public or private facility or outpatient alternative setting, 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; and
(2)  states the opinion of the director of the facility or alternative setting 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.
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.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 7, eff. September 1, 2023.
2023 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 or 55.40, as appropriate.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 8, eff. September 1, 2023.
2023 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 Proceedings for Court-Ordered Mental Health Services

Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS;  INITIATION OF 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 criteria for court-ordered mental health services under Section 55.05, the director of the public or private facility or outpatient alternative setting, 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, Health and Safety Code; or
(2)  refer the child's case as provided by Section 55.68 to the appropriate court for the initiation of proceedings in that court for temporary or extended mental health services for the child under this chapter and Subchapter C, Chapter 574, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 9, eff. September 1, 2023.
2023 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 criteria for court-ordered residential intellectual disability services under Section 55.06, 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 in the juvenile court for court-ordered residential intellectual disability services for the child under Subtitle D, Title 7, Health and Safety Code; or
(2)  refer the child's case as provided by Section 55.68 to the appropriate court for the initiation of proceedings in that court for court-ordered residential intellectual disability services for 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.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 9, eff. September 1, 2023.
2023 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)  ordered 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 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.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 10, eff. September 1, 2023.