Tex. Fam. Code § 55.01-55.04

TEXAS FAMILY CODE Chapter 55, Subchapter A — GENERAL PROVISIONS CHAPTER 55 • PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY Subchapter A: GENERAL PROVISIONS FAMILY CODE > TITLE 3. JUVENILE JUSTICE CODE > CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY 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 pro 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. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 55, Subchapter A — GENERAL PROVISIONS 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 ubtitle 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. 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 P g: (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. Sec. 55.05. CRITERIA FOR COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD. (a) A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive temporary inpatient mental health services only if the court finds, from clear and convincing evidence, that: (1) the child is a child with mental illness; and (2) as a result of that mental illness, the child: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 55, Subchapter A — GENERAL PROVISIONS (A) is likely to cause serious harm to the child's self; (B) ture Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 55, Subchapter A — GENERAL PROVISIONS (A) is likely to cause serious harm to the child's self; (B) is likely to cause serious harm to others; or (C) is: (i) suffering severe and abnormal mental, emotional, or physical distress; (ii) experiencing substantial mental or physical deterioration of the child's ability to function independently; and (iii) unable to make a rational and informed decision as to whether to submit to treatment or is unwilling to submit to treatment. (b) A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive temporary outpatient mental health services only if the court finds: (1) that appropriate mental health services are available to the child; and (2) clear and convincing evidence that: (A) the child is a child with severe and persistent mental illness; (B) as a result of the mental illness, the child will, if not treated, experience deterioration of the ability to function independently to the extent that the child will be unable to live safely in the community without court-ordered outpatient mental health services; (C) outpatient mental health services are needed to prevent a relapse that would likely result in serious harm to the child or others; and (D) the child has an inability to effectively and voluntarily participate in outpatient treatment services, demonstrated by: (i) any of the child's actions occurring within the two-year period preceding the date of the hearing; or (ii) specific characteristics of the child's clinical condition that significantly impair the child's ability to make a rational and informed decision as to whether to submit to voluntary outpatient treatment. (c) A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive extended inpatient mental health services only if the court finds, from clear and con ment. (c) A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive extended inpatient mental health services only if the court finds, from clear and convincing evidence, that, in addition to the findings in Subsection (a): (1) the child's condition is expected to continue for more than 90 days; and (2) the child has received court-ordered inpatient mental health services under this chapter or under Chapter 574, Health and Safety Code, for at least 60 consecutive days during the preceding 12 months. (d) A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive extended outpatient mental health services only if, in addition to the findings in Subsection (b): (1) the child's condition is expected to continue for more than 90 days; and (2) the child has received: (A) court-ordered inpatient mental health services under this chapter or under Chapter 574, Health and Safety Code, for at least 60 consecutive days during the preceding 12 months; or (B) court-ordered outpatient mental health services under this chapter or under Chapter 574, Health and Safety Code, during the preceding 60 days. Added by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023. 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; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 55, Subchapter A — GENERAL PROVISI child's most basic personal physical needs; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 55, Subchapter A — GENERAL PROVISIONS (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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4