Tex. Fam. Code § 55.31-55.33

TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE 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 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 55.04. (d) During an examination ordered under this section, and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant by the expert: (1) whether the child, as supported by current indications and the child's personal histor amination, an expert shall consider, in addition to other issues determined relevant by the expert: (1) whether the child, as supported by current indications and the child's personal history: (A) is a child with mental illness; or (B) is a child with an intellectual disability; (2) the child's capacity to: (A) appreciate the allegations against the child; (B) appreciate the range and nature of allowable dispositions that may be imposed in the proceedings against the child; (C) understand the roles of the participants and the adversarial nature of the legal process; (D) display appropriate courtroom behavior; and (E) testify relevantly; and (3) the degree of impairment resulting from the child's mental illness or intellectual disability and the specific impact on the child's capacity to engage with counsel in a reasonable and rational manner. (e) An expert's report to the court must state an opinion on the child's fitness to proceed or explain why the expert is unable to state that opinion and include: (1) the child's history and current status regarding any possible mental illness or intellectual disability; (2) the child's developmental history as it relates to any possible mental illness or intellectual disability; (3) the child's functional abilities related to fitness to stand trial; (4) the relationship between deficits in the child's functional abilities related to fitness to proceed and any mental illness or intellectual disability; and (5) if the expert believes the child is in need of remediation or restoration services, a discussion of: (A) whether the child's abilities are likely to be remediated or restored within the period described by Section 55.33(a)(1), (2), or (3); Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESUL (1), (2), or (3); Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE (B) whether the child may be adequately treated in an alternative setting; (C) any recommended interventions to aid in the remediation or restoration of the child's fitness; (D) whether the child meets criteria for court-ordered treatment or services under Section 55.05 or 55.06; and (E) if applicable, the specific criteria the child meets under Paragraph (D). (f) After considering all relevant information, including information obtained from an examination under Section 55.04, 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. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 6, eff. September 1, 2023. 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 er 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. 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: Source: Texas Legislature Online (89th Leg. nfit as a result of mental illness or an intellectual disability to proceed with the juvenile court proceedings for delinquent conduct, the court shall: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE (1) provided that the child meets the inpatient mental health services or residential intellectual disability services criteria under Section 55.05 or 55.06, order the child placed with the Health and Human Services Commission 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 commission; (2) on application by the child's parent, guardian, or guardian ad litem, order the child placed in a private psychiatric inpatient facility or residential care 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 or an intellectual disability; and (B) the placement is agreed to in writing by the administrator of the facility; or (3) subject to Subsection (d), if the court determines that the child may be adequately treated or served in an alternative setting and finds that the child does not meet criteria for court-ordered inpatient mental health services or residential intellectual disability services under Section 55.05 or 55.06, 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 90 days, with the possibility of extension as ordered by the court. (b) If a child receives treatment for mental illness or services for the child's intellectual disability on an outpatient basis in an alternative setting under Subsection (a)(3), juvenile probation departments may provide restoration classes in collaboration with the outpatient al tellectual disability on an outpatient basis in an alternative setting under Subsection (a)(3), juvenile probation departments may provide restoration classes in collaboration with the outpatient alternative setting. (c) If the court orders a child placed in a private psychiatric inpatient facility or residential care facility under Subsection (a)(2) or in an alternative setting under Subsection (a)(3), the state or a political subdivision of the state may be ordered to pay any costs associated with the ordered services, subject to an express appropriation of funds for the purpose. (d) Before issuing an order described by Subsection (a)(3), the court shall consult with the local juvenile probation department, with local treatment or service providers, with the local mental health authority, and with the local intellectual and developmental disability authority to determine the appropriate treatment or services and restoration classes 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. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 7, eff. September 1, 2023. 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 c ot 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. 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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE 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 outpa 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. 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 thoug ore 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. 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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE and Safety Code. Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by: Acts 202 CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE 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. 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. 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 sability; 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. Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF CHILD. (a) The juvenile court may waive its exclusive original jurisdiction and transfer all pending proceedings from the juvenile court to a criminal court Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE on or after the 18th birthday of a child for whom the juvenile court or a court to which the child's case is referred has ordered inpatient mental health services or residen RESULT OF MENTAL ILLNE on or after the 18th birthday of a child for whom the juvenile court or a court to which the child's case is referred has ordered inpatient mental health services or residential care for persons with an intellectual disability if: (1) the child is not discharged or currently on furlough from the 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 case to criminal court, the juvenile court shall send notification of the transfer of a child under Subsection (a) to the facility. The criminal court shall, before the 91st day after the date 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 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 8, eff. Jan. 1, 2004. Amended by: Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 14, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.016, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 11, eff. September 1, 2023. Sec. 55.45. ff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.016, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 11, eff. September 1, 2023. Sec. 55.45. STANDARDS OF CARE; NOTICE OF RELEASE OR FURLOUGH. (a) If the juvenile court or a court to which the child's case is referred under Section 55.37(2) orders mental health services for the child, the child shall be cared for, treated, and released in accordance with Subtitle C, Title 7, Health and Safety Code, except that 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 that referred the case to a court that ordered mental health services of the intent to discharge the child on or before the 10th day before the date of discharge. (b) If the juvenile court or a court to which the child's case is referred under Section 55.40(2) orders the intellectual disability services for the child to be provided at a residential care facility, the child shall be cared for, treated, and released in accordance with Subtitle D, Title 7, Health and Safety Code, except that the administrator of the residential care facility shall notify, in writing, by certified mail, return receipt requested, the juvenile court that ordered intellectual disability services for the child or that referred the case to a court that ordered intellectual disability services for the child of the intent to discharge or furlough the child on or before the 20th day before the date of discharge or furlough. (c) If the referred child, as described in Subsection (b), is alleged to have committed an offense listed in Article 42A.054, Code of Criminal Procedure, the administrator of the residential care facility shall apply, in writing, by certified mail, return receipt requested, to the juvenile court that ordered services for the child or that referred the case to a court that orde esidential care facility shall apply, in writing, by certified mail, return receipt requested, to the juvenile court that ordered services for the child or that referred the case to a court that ordered services for the child and show good cause for any release of the child from the facility for more than 48 hours. Notice of this request must be provided to the prosecuting attorney responsible for the case. The prosecuting attorney, the juvenile, or the administrator may apply for a hearing on this application. If no one applies for a hearing, the trial court shall resolve the application on the written submission. The rules of evidence do not apply to this hearing. An appeal of the trial court's ruling on the application is not allowed. The release of a child described in this subsection without the express approval of the trial court is punishable by contempt. Added by Acts 2001, 77th Leg., ch. 1297, Sec. 31, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 15, eff. September 1, 2007. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 55, Subchapter C — CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNE Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.34, eff. January 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 12, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7