Tex. Fam. Code § 55.11-55.19

TEXAS FAMILY CODE Chapter 55, Subchapter B — COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WIT CHAPTER 55 • PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY Subchapter B: COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH MENTAL ILLNESS 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 on 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. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 55, Subchapter B — COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WIT 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. Redesig COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WIT 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. 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. Sec. 55.16. ORD 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. 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. 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. Source: Texas Legislatur ings. 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 55, Subchapter B — COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WIT 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. 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 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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3