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).
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 Jun. 5, 2024).
