Tex. Fam. Code Section 55.05
Criteria for Court-ordered Mental Health Services for Child

(a)

A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive temporary inpatient mental health services only if the court finds, from clear and convincing evidence, that:

(1)

the child is a child with mental illness; and

(2)

as a result of that mental illness, the child:

(A)

is likely to cause serious harm to the child’s self;

(B)

is likely to cause serious harm to others; or

(C)

is:
(i)
suffering severe and abnormal mental, emotional, or physical distress;
(ii)
experiencing substantial mental or physical deterioration of the child’s ability to function independently; and
(iii)
unable to make a rational and informed decision as to whether to submit to treatment or is unwilling to submit to treatment.

(b)

A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive temporary outpatient mental health services only if the court finds:

(1)

that appropriate mental health services are available to the child; and

(2)

clear and convincing evidence that:

(A)

the child is a child with severe and persistent mental illness;

(B)

as a result of the mental illness, the child will, if not treated, experience deterioration of the ability to function independently to the extent that the child will be unable to live safely in the community without court-ordered outpatient mental health services;

(C)

outpatient mental health services are needed to prevent a relapse that would likely result in serious harm to the child or others; and

(D)

the child has an inability to effectively and voluntarily participate in outpatient treatment services, demonstrated by:
(i)
any of the child’s actions occurring within the two-year period preceding the date of the hearing; or
(ii)
specific characteristics of the child’s clinical condition that significantly impair the child’s ability to make a rational and informed decision as to whether to submit to voluntary outpatient treatment.

(c)

A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive extended inpatient mental health services only if the court finds, from clear and convincing evidence, that, in addition to the findings in Subsection (a):

(1)

the child’s condition is expected to continue for more than 90 days; and

(2)

the child has received court-ordered inpatient mental health services under this chapter or under Chapter 574 (Court-ordered Mental Health Services), Health and Safety Code, for at least 60 consecutive days during the preceding 12 months.

(d)

A juvenile court may order a child who is subject to the jurisdiction of the juvenile court to receive extended outpatient mental health services only if, in addition to the findings in Subsection (b):

(1)

the child’s condition is expected to continue for more than 90 days; and

(2)

the child has received:

(A)

court-ordered inpatient mental health services under this chapter or under Chapter 574 (Court-ordered Mental Health Services), Health and Safety Code, for at least 60 consecutive days during the preceding 12 months; or

(B)

court-ordered outpatient mental health services under this chapter or under Chapter 574 (Court-ordered Mental Health Services), Health and Safety Code, during the preceding 60 days.
Added by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023.

Source: Section 55.05 — Criteria for Court-ordered Mental Health Services for Child, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­05 (accessed May 4, 2024).

55.01
Definitions 55.02
Mental Health and Intellectual Disability Jurisdiction 55.03
Standards of Care 55.04
Forensic Mental Examination 55.05
Criteria for Court-ordered Mental Health Services for Child 55.06
Criteria for Court-ordered Residential Intellectual Disability Services for Child 55.11
Mental Illness Determination 55.12
Initiation of Proceedings for Court-ordered Mental Health Services 55.15
Standards of Care 55.16
Order for Mental Health Services 55.17
Mental Health Services Not Ordered 55.31
Unfitness to Proceed Determination 55.32
Hearing on Issue of Fitness to Proceed 55.33
Proceedings Following Finding of Unfitness to Proceed 55.34
Transportation to and from Facility 55.35
Information Required to Be Sent to Facility or Alternative Setting 55.36
Report that Child Is Fit to Proceed 55.37
Report that Child Is Unfit to Proceed as a Result of Mental Illness 55.40
Report that Child Is Unfit to Proceed as a Result of Intellectual Disability 55.43
Restoration Hearing 55.45
Standards of Care 55.51
Lack of Responsibility for Conduct Determination 55.52
Proceedings Following Finding of Lack of Responsibility for Conduct 55.53
Transportation to and from Facility 55.54
Information Required to Be Sent to Facility or Alternative Setting 55.55
Report that Child Does Not Have Mental Illness or Intellectual Disability 55.56
Report that Child Has Mental Illness 55.59
Report that Child Has Intellectual Disability 55.65
Proceedings in Juvenile Court for Child with Mental Illness 55.66
Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Mental Illness 55.67
Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Intellectual Disability 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
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Accessed:
May 4, 2024

§ 55.05’s source at texas​.gov