Tex. Fam. Code § 55.51-55.55

TEXAS FAMILY CODE Chapter 55, Subchapter D — LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF CHAPTER 55 • PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY Subchapter D: LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITY Sec. 55.51. LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION; EXAMINATION. (a) A child alleged by petition to have engaged in delinquent conduct or conduct indicating a need for supervision is not responsible for the conduct if at the time of the conduct, as a result of mental illness or an intellectual disability, the child lacks substantial capacity either to appreciate the wrongfulness of the child's conduct or to conform the child's conduct to the requirements of law. (b) On a motion by a party in which it is alleged that a child may not be responsible as a result of mental illness or an intellectual disability for the child's conduct, the court shall order the child to be examined under Section 55.04. The information obtained from the examinations must include expert opinion as to: (1) whether the child is a child with mental illness or an intellectual disability; (2) whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability; (3) whether the child meets criteria for court-ordered mental health or intellectual disability services under Section 55.05 or 55.06; and (4) if applicable, the specific criteria the child meets under Subdivision (3). (c) The issue of whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability shall be tried to the court or jury in the adjudication hearing. (d) Lack of responsibility for conduct as a result of mental illness or an intellectual disability must be proved by a preponderanc be tried to the court or jury in the adjudication hearing. (d) Lack of responsibility for conduct as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence. (e) In its findings or verdict the court or jury must state whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability. (f) If the court or jury finds the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability, the court shall proceed under Section 55.52. (g) A child found to be not responsible for the child's conduct as a result of mental illness or an intellectual disability shall not be subject to proceedings under this title with respect to such conduct, other than proceedings under Section 55.52. 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. Renumbered from Family Code Sec. 55.05 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. 1.018, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 13, eff. September 1, 2023. Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a child is not responsible for the child's conduct under Section 55.51 as a result of mental illness or an intellectual disability, the court shall: (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; d 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; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 55, Subchapter D — LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF (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 child's lack of responsibility 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 (c), 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 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. (c) 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 r 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 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. 1.019, eff. April 2, 2015. Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 5, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 14, eff. September 1, 2023. Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. (a) If the court issues a placement order under Section 55.52(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. 6, eff. September 1, 2021. Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT. (a) If the juvenile court issues an order under Section 55.52(a), the court shall order the probation department to send copies of any information in the possession of the department and relevant to a) If the juvenile court issues an order under Section 55.52(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 alternative setting, as appropriate. (b) Not later than the 75th day after the date the court issues an order under Section 55.52(a), the public or private facility or 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 a child with mental illness or an intellectual disability. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 55, Subchapter D — LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF (c) If the report under Subsection (b) states that the child is a child with mental illness or an intellectual disability, the report must include an opinion as to whether the child meets criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06. (d) The court shall send 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. 1.020, eff. April 2, 2015. Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 7, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 14, eff. September 1, 2023. Sec. 55.55. REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION. (a) If a report submitted under Section 55.54(b) states that a child does not h 2023. Sec. 55.55. REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION. (a) If a report submitted under Section 55.54(b) states that a child does not have a mental illness or an intellectual disability, the juvenile court shall discharge the child unless: (1) an adjudication hearing was conducted concerning conduct that included a violation of a penal law listed in Section 53.045(a) and a petition was approved by a grand jury under Section 53.045; and (2) the prosecuting attorney objects in writing not later than the second day after the date the attorney receives a copy of the report under Section 55.54(c). (b) On objection by the prosecuting attorney under Subsection (a), the juvenile court shall hold a hearing without a jury to determine whether the child is a child with mental illness or an intellectual disability and 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. (c) At the hearing, the burden is on the state to prove by clear and convincing evidence that the child is a child with mental illness or an intellectual disability and that 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) If, after a hearing, the court finds that the child does not have a mental illness or an intellectual disability and that the child does not meet the criteria for court-ordered treatment services under Section 55.05 or 55.06, the court shall discharge the child. (e) If, after a hearing, the court finds that the child has a mental illness or an intellectual disability and that the child meets the criteria for court-ordered treatment services under Section 55.05 or 55.06, the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services. Adde t-ordered treatment services under Section 55.05 or 55.06, the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services. 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. 1.021, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 15, eff. September 1, 2023. Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted under Section 55.54(b) states 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 director of the public or private facility or 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 in the juvenile court for court-ordered mental health services for the child under Subtitle C, 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 mental health services for the child under Subtitle C, Title 7, Health and Safety Code. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 55, Subchapter D — LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF 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. 16, eff. September 1, 2023. Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY; INITIATION OF PROCEEDINGS FOR COURT-ORDERED RESIDENTIAL INTELLECTUAL DISABILITY SERVICES. If a repo 85), Sec. 16, eff. September 1, 2023. Sec. 55.59. REPORT THAT CHILD HAS INTELLECTUAL DISABILITY; INITIATION OF PROCEEDINGS FOR COURT-ORDERED RESIDENTIAL INTELLECTUAL DISABILITY SERVICES. If a report submitted under Section 55.54(b) states that a child is a child with 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 an affidavit, the juvenile court shall: (1) initiate proceedings in the juvenile court as provided by Section 55.67 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 to the appropriate court as provided by Section 55.68 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. 1.022, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 17, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4