Tex.
Fam. Code Section 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 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).
Source:
Section 55.04 — Forensic Mental Examination, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.55.htm#55.04 (accessed Jun. 5, 2024).
