Tex. Fam. Code Section 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 (Initiation of Proceedings for Court-ordered Mental Health Services)(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 (Application for Court-ordered Mental Health Services) and 574.002 (Form of Application), Health and Safety Code. The juvenile court shall:

(1)

set a date for a hearing and provide notice as required by Sections 574.005 (Setting on Application) and 574.006 (Notice), 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 (Recommendation for Treatment), 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 (Identification of Person Responsible for Court-ordered Outpatient Mental Health Services), 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 (Requirement of Medical Examination), Health and Safety Code; and

(5)

conduct the hearing in accordance with Subchapter C (General Provisions Relating to Hearing), Chapter 574 (Court-ordered Mental Health Services), 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 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 (Criteria for Court-ordered Mental Health Services for Child)(a) or (b) are satisfied, order temporary inpatient or outpatient mental health services for the child under Chapter 574 (Court-ordered Mental Health Services), Health and Safety Code; or

(2)

if the criteria under Section 55.05 (Criteria for Court-ordered Mental Health Services for Child)(c) or (d) are satisfied, order extended inpatient or outpatient mental health services for the child under Chapter 574 (Court-ordered Mental Health Services), 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 (Detention Hearing) 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: Section 55.65 — Proceedings in Juvenile Court for Child with Mental Illness, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­65 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 55.65’s source at texas​.gov