Tex. Fam. Code Section 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 (Forensic Mental Examination). 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 (Criteria for Court-ordered Mental Health Services for Child) or 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child); 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 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 (Proceedings Following Finding of Lack of Responsibility for Conduct).

(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 (Proceedings Following Finding of Lack of Responsibility for Conduct).
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.

Source: Section 55.51 — Lack of Responsibility for Conduct Determination; Examination, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­51 (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

§ 55.51’s source at texas​.gov