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  H.B. No. 2107
 
 
 
 
AN ACT
  relating to services for children who are unfit or lack
  responsibility to proceed in juvenile court proceedings as a result
  of intellectual disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 55.33, Family Code, is amended to read as
  follows:
         Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
  PROCEED. (a)  If the juvenile court or jury determines under
  Section 55.32 that a child is unfit as a result of mental illness or
  an intellectual disability to proceed with the juvenile court
  proceedings for delinquent conduct, the court shall:
               (1)  [if the unfitness to proceed is a result of mental
  illness or an intellectual disability:
                     [(A)]  provided that the child meets the
  commitment criteria under Subtitle C or D, Title 7, Health and
  Safety Code, order the child placed with the Department of State
  Health Services or the Department of Aging and Disability Services,
  as appropriate, for a period of not more than 90 days, which order
  may not specify a shorter period, for placement in a facility
  designated by the department; [or]
               (2) [(B)]  on application by the child's parent,
  guardian, or guardian ad litem, order the child placed in a private
  psychiatric inpatient facility for a period of not more than 90
  days, which order may not specify a shorter period, but only if:
                     (A)  the unfitness to proceed is a result of
  mental illness; and
                     (B)  the placement is agreed to in writing by the
  administrator of the facility; or
               (3)  subject to Subsection (c), [(2)] if [the unfitness
  to proceed is a result of mental illness and] the court determines
  that the child may be adequately treated or served in an alternative
  setting, order the child to receive treatment for mental illness or
  services for the child's intellectual disability, as appropriate,
  on an outpatient basis for a period of not more than 90 days, which
  order may not specify a shorter period.
         (b)  If the court orders a child placed in a private
  psychiatric inpatient facility under Subsection (a)(2)
  [(a)(1)(B)], the state or a political subdivision of the state may
  be ordered to pay any costs associated with the child's placement,
  subject to an express appropriation of funds for the purpose.
         (c)  Before issuing an order described by Subsection (a)(3),
  the court shall consult with the probation department and with
  local treatment or service providers to determine the appropriate
  treatment or services for the child.
         SECTION 2.  Section 55.34(a), Family Code, is amended to
  read as follows:
         (a)  If the court issues a placement order under Section
  55.33(a)(1) or (2), the court shall order the probation department
  or sheriff's department to transport the child to the designated
  facility.
         SECTION 3.  Section 55.35(b), Family Code, is amended to
  read as follows:
         (b)  Not later than the 75th day after the date the court
  issues a placement order under Section 55.33(a), the public or
  private facility or outpatient center, as appropriate, shall submit
  to the court a report that:
               (1)  describes the treatment or services provided to
  [of] the child [provided] by the facility or center; and
               (2)  states the opinion of the director of the facility
  or center as to whether the child is fit or unfit to proceed.
         SECTION 4.  Section 55.43(a), Family Code, is amended to
  read as follows:
         (a)  The prosecuting attorney may file with the juvenile
  court a motion for a restoration hearing concerning a child if:
               (1)  the child is found unfit to proceed as a result of
  mental illness or an intellectual disability; and
               (2)  the child:
                     (A)  is not:
                           (i)  ordered by a court to receive inpatient
  mental health or intellectual disability services;
                           (ii)  committed by a court to a residential
  care facility; or
                           (iii)  ordered by a court to receive
  treatment or services on an outpatient basis; or
                     (B)  is discharged or currently on furlough from a
  mental health facility or outpatient center before the child
  reaches 18 years of age.
         SECTION 5.  Section 55.52, Family Code, is amended to read as
  follows:
         Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF
  RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
  child is not responsible for the child's conduct under Section
  55.51 as a result of mental illness or an intellectual disability,
  the court shall:
               (1)  [if the lack of responsibility is a result of
  mental illness or an intellectual disability:
                     [(A)]  provided that the child meets the
  commitment criteria under Subtitle C or D, Title 7, Health and
  Safety Code, order the child placed with the Department of State
  Health Services or the Department of Aging and Disability Services,
  as appropriate, for a period of not more than 90 days, which order
  may not specify a shorter period, for placement in a facility
  designated by the department; [or]
               (2) [(B)]  on application by the child's parent,
  guardian, or guardian ad litem, order the child placed in a private
  psychiatric inpatient facility for a period of not more than 90
  days, which order may not specify a shorter period, but only if:
                     (A)  the child's lack of responsibility is a
  result of mental illness; and
                     (B)  the placement is agreed to in writing by the
  administrator of the facility; or
               (3)  subject to Subsection (c), [(2)] if [the child's
  lack of responsibility is a result of mental illness and] the court
  determines that the child may be adequately treated or served in an
  alternative setting, order the child to receive treatment for
  mental illness or services for the child's intellectual disability,
  as appropriate, on an outpatient basis for a period of not more than
  90 days, which order may not specify a shorter period.
         (b)  If the court orders a child placed in a private
  psychiatric inpatient facility under Subsection (a)(2)
  [(a)(1)(B)], the state or a political subdivision of the state may
  be ordered to pay any costs associated with the child's placement,
  subject to an express appropriation of funds for the purpose.
         (c)  Before issuing an order described by Subsection (a)(3),
  the court shall consult with the probation department and with
  local treatment or service providers to determine the appropriate
  treatment or services for the child.
         SECTION 6.  Section 55.53(a), Family Code, is amended to
  read as follows:
         (a)  If the court issues a placement order under Section
  55.52(a)(1) or (2), the court shall order the probation department
  or sheriff's department to transport the child to the designated
  facility.
         SECTION 7.  Section 55.54(b), Family Code, is amended to
  read as follows:
         (b)  Not later than the 75th day after the date the court
  issues a placement order under Section 55.52(a), the public or
  private facility or outpatient center, as appropriate, shall submit
  to the court a report that:
               (1)  describes the treatment or services provided to
  [of] the child [provided] by the facility or center; and
               (2)  states the opinion of the director of the facility
  or center as to whether the child has a mental illness or an
  intellectual disability.
         SECTION 8.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2107 was passed by the House on May 8,
  2021, by the following vote:  Yeas 119, Nays 20, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2107 was passed by the Senate on May
  24, 2021, by the following vote:  Yeas 29, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor