Tex. Fam. Code § 55.65-55.67

TEXAS FAMILY CODE Chapter 55, Subchapter E — PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR RES CHAPTER 55 • PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY Subchapter E: PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR RESIDENTIAL INTELLECTUAL DISABILITY SERVICES Sec. 55.65. PROCEEDINGS IN JUVENILE COURT FOR CHILD WITH MENTAL ILLNESS. (a) If the juvenile court initiates proceedings for temporary or extended mental health services under Section 55.12(1), the prosecuting attorney or the attorney for the child may file with the juvenile court an application for court-ordered mental health services under Sections 574.001 and 574.002, Health and Safety Code. The juvenile court shall: (1) set a date for a hearing and provide notice as required by Sections 574.005 and 574.006, Health and Safety Code; (2) direct the local mental health authority to file, before the date set for the hearing, its recommendation for the child's proposed treatment, as required by Section 574.012, Health and Safety Code; (3) identify the person responsible for court-ordered outpatient mental health services not later than the third day before the date set for a hearing that may result in the court ordering the child to receive court-ordered outpatient mental health services, as required by Section 574.0125, Health and Safety Code; (4) appoint physicians necessary to examine the child and to complete the certificates of medical examination for mental illness required under Section 574.009, Health and Safety Code; and (5) conduct the hearing in accordance with Subchapter C, Chapter 574, Health and Safety Code. (b) The burden of proof at the hearing is on the party who filed the application. (c) After conducting a hearing on an application under this section and with consideration given to the l e. (b) The burden of proof at the hearing is on the party who filed the application. (c) After conducting a hearing on an application under this section and with consideration given to the least restrictive appropriate setting for treatment of the child and to the parent's, managing conservator's, or guardian's availability and willingness to participate in the treatment of the child, the juvenile court shall: (1) if the criteria under Section 55.05(a) or (b) are satisfied, order temporary inpatient or outpatient mental health services for the child under Chapter 574, Health and Safety Code; or (2) if the criteria under Section 55.05(c) or (d) are satisfied, order extended inpatient or outpatient mental health services for the child under Chapter 574, Health and Safety Code. (d) On receipt of the court's order for inpatient mental health services, the Health and Human Services Commission shall identify a facility and admit the child to the identified facility. (e) If the child is currently detained in a juvenile detention facility, the juvenile court shall: (1) order the child released from detention to the child's home or another appropriate place; (2) order the child detained or placed in an appropriate facility other than a juvenile detention facility; or (3) conduct a detention hearing and, if the court makes findings under Section 54.01 to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court. Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 3, eff. September 1, 2019. Transferred, redesignated and amended from Family Code, Section 55.13 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 19, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called S and amended from Family Code, Section 55.13 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 19, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 55, Subchapter E — PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR RES Sec. 55.66. PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court initiates proceedings for court-ordered mental health services under Section 55.37(1) or 55.56(1), the prosecuting attorney may file with the juvenile court an application for court-ordered mental health services under Sections 574.001 and 574.002, Health and Safety Code. The juvenile court shall: (1) set a date for a hearing and provide notice as required by Sections 574.005 and 574.006, Health and Safety Code; (2) direct the local mental health authority to file, before the date set for the hearing, its recommendation for the child's proposed treatment, as required by Section 574.012, Health and Safety Code; (3) identify the person responsible for court-ordered outpatient mental health services at least three days before the date of a hearing that may result in the court ordering the child to receive court-ordered outpatient mental health services, as required by Section 574.0125, Health and Safety Code; and (4) conduct the hearing in accordance with Subchapter C, Chapter 574, Health and Safety Code. (b) After conducting a hearing under this section and with consideration given to the least restrictive appropriate setting for treatment of the child and to the parent's, managing conservator's, or guardian's availability and willingness to participate in the treatment of the child, the juvenile court shall: (1) if the criteria for court-ordered mental health services under Section 55.05(a) or (b) are satisfied, order temporary inpatient or outpatient mental health f the child, the juvenile court shall: (1) if the criteria for court-ordered mental health services under Section 55.05(a) or (b) are satisfied, order temporary inpatient or outpatient mental health services; or (2) if the criteria for court-ordered mental health services under Section 55.05(c) or (d) are satisfied, order extended inpatient or outpatient mental health services. (c) On receipt of the court's order for inpatient mental health services, the Health and Human Services Commission shall identify a facility and admit the child to the identified facility. (d) If the child is currently detained in a juvenile detention facility, the juvenile court shall: (1) order the child released from detention to the child's home or another appropriate place; (2) order the child detained or placed in an appropriate facility other than a juvenile detention facility; or (3) conduct a detention hearing and, if the court makes findings under Section 54.01 to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court. Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 4, eff. September 1, 2019. Transferred, redesignated and amended from Family Code, Section 55.38 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 20, eff. September 1, 2023. Sec. 55.67. PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO INTELLECTUAL DISABILITY. (a) If the juvenile court initiates proceedings under Section 55.40(1) or 55.59(1), the prosecuting attorney may file with the juvenile court an application for an interdisciplinary team report and recommendation that the child is in need of long-term placement in a residential care facility, under Section 593.041, Health and Safety Code. The juvenile court shall: (1) set a date for a hearing and mmendation that the child is in need of long-term placement in a residential care facility, under Section 593.041, Health and Safety Code. The juvenile court shall: (1) set a date for a hearing and provide notice as required by Sections 593.047 and 593.048, Health and Safety Code; and (2) conduct the hearing in accordance with Sections 593.049-593.056, Health and Safety Code. (b) After conducting a hearing under this section and with consideration given to the least restrictive appropriate setting for services for the child and to the parent's, managing conservator's, or guardian's availability and willingness to participate in the services for the child, the juvenile court may order residential intellectual disability services for the child if the criteria under Section 55.06 are satisfied. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 55, Subchapter E — PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR RES (c) On receipt of the court's order, the Health and Human Services Commission shall identify a residential care facility and admit the child to the identified facility. (d) If the child is currently detained in a juvenile detention facility, the juvenile court shall: (1) order the child released from detention to the child's home or another appropriate place; (2) order the child detained or placed in an appropriate facility other than a juvenile detention facility; or (3) conduct a detention hearing and, if the court makes findings under Section 54.01 to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court. Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 30, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.012, eff. April 2, 2015. Transferred, redesignated and amended fr d by Acts 2001, 77th Leg., ch. 1297, Sec. 30, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.012, eff. April 2, 2015. Transferred, redesignated and amended from Family Code, Section 55.41 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 20, eff. September 1, 2023. Sec. 55.68. REFERRAL FOR PROCEEDINGS FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) If the juvenile court refers the child's case to an appropriate court for the initiation of proceedings for court-ordered treatment services under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2), the juvenile court shall: (1) send to the clerk of the court to which the case is referred all papers, including evaluations, examination reports, court findings, orders, verdicts, judgments, and reports from facilities and alternative settings, relating to: (A) the child's mental illness or intellectual disability; (B) the child's unfitness to proceed, if applicable; and (C) the finding that the child was not responsible for the child's conduct, if applicable; and (2) send to the office of the appropriate county attorney or, if a county attorney is not available, to the office of the appropriate district attorney, copies of all papers sent to the clerk of the court under Subdivision (1). (b) The papers sent to the clerk of a court under Subsection (a)(1) constitute an application for court-ordered mental health services under Section 574.001, Health and Safety Code, or an application for placement under Section 593.041, Health and Safety Code, as applicable. (c) If the child is currently detained in a juvenile detention facility, the juvenile court shall: (1) order the child released from detention to the child's home or another appropriate place; (2) order the child detained or placed in an appropriate facility other than a juvenile detention shall: (1) order the child released from detention to the child's home or another appropriate place; (2) order the child detained or placed in an appropriate facility other than a juvenile detention facility; or (3) conduct a detention hearing and, if the court makes findings under Section 54.01 to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court. Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Transferred, redesignated and amended from Family Code, Section 55.14 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 19, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3