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  S.B. No. 1585
 
 
 
 
AN ACT
  relating to certain proceedings in juvenile court for children with
  mental illness and intellectual disabilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 51.20(a), (b), (c), and (d), Family
  Code, are amended to read as follows:
         (a)  At any stage of the proceedings under this title,
  including when a child is initially detained in a pre-adjudication
  secure detention facility or a post-adjudication secure
  correctional facility, the juvenile court may, at its discretion or
  at the request of the child's parent or guardian, order a child who
  is referred to the juvenile court or who is alleged by a petition or
  found to have engaged in delinquent conduct or conduct indicating a
  need for supervision to be examined by a disinterested expert,
  including a physician, psychiatrist, or psychologist, qualified by
  education and clinical training in mental health or intellectual
  disability [mental retardation] and experienced in forensic
  evaluation, to determine whether the child has a mental illness as
  defined by Section 571.003, Health and Safety Code, is a person with
  an intellectual disability [mental retardation] as defined by
  Section 591.003, Health and Safety Code, or suffers from chemical
  dependency as defined by Section 464.001, Health and Safety
  Code.  [If the examination is to include a determination of the
  child's fitness to proceed, an expert may be appointed to conduct
  the examination only if the expert is qualified under Subchapter B,
  Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
  criminal case, and the examination and the report resulting from an
  examination under this subsection must comply with the requirements
  under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
  the examination and resulting report of a defendant in a criminal
  case.]
         (b)  If, after conducting an examination of a child ordered
  under Subsection (a) and reviewing any other relevant information,
  there is reason to believe that the child has a mental illness or
  intellectual disability [mental retardation] or suffers from
  chemical dependency, the probation department shall refer the child
  to the local mental health [or mental retardation] authority, to
  the local intellectual and developmental disability authority, or
  to another appropriate and legally authorized agency or provider
  for evaluation and services, unless the prosecuting attorney has
  filed a petition under Section 53.04.
         (c)  If, while a child is under deferred prosecution
  supervision or court-ordered probation, a qualified professional
  determines that the child has a mental illness or intellectual
  disability [mental retardation] or suffers from chemical
  dependency and the child is not currently receiving treatment
  services for the mental illness, intellectual disability [mental
  retardation], or chemical dependency, the probation department
  shall refer the child to the local mental health [or mental
  retardation] authority, to the local intellectual and
  developmental disability authority, or to another appropriate and
  legally authorized agency or provider for evaluation and services.
         (d)  A probation department shall report each referral of a
  child to a local mental health [or mental retardation] authority,
  to a local intellectual and developmental disability authority, or
  to another agency or provider made under Subsection (b) or (c) to
  the Texas Juvenile Justice Department in a format specified by the
  department.
         SECTION 2.  Subchapter A, Chapter 55, Family Code, is
  amended to read as follows:
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 55.01.  DEFINITIONS [MEANING OF "HAVING A MENTAL
  ILLNESS"]. In [For purposes of] this chapter:
               (1)  "Adaptive behavior" and "intellectual disability"
  have the meanings assigned by Section 591.003, Health and Safety
  Code.
               (2)  "Child with an intellectual disability" means a
  child determined by a physician or psychologist licensed in this
  state to have subaverage general intellectual functioning with
  deficits in adaptive behavior.
               (3)  "Child with mental illness"[, a child who is
  described as having a mental illness] means a child determined by a
  physician or psychologist licensed in this state to have [with] a
  mental illness.
               (4)  "Interdisciplinary team" means a group of
  intellectual disability professionals and paraprofessionals who
  assess the treatment, training, and habilitation needs of a person
  with an intellectual disability and make recommendations for
  services for that person.
               (5)  "Least restrictive appropriate setting" means the
  treatment or service setting closest to the child's home that
  provides the child with the greatest probability of improvement and
  is no more restrictive of the child's physical or social liberties
  than is necessary to provide the child with the most effective
  treatment or services and to protect adequately against any danger
  the child poses to self or others. 
               (6)  "Mental illness" has the meaning assigned by
  Section 571.003, Health and Safety Code.
               (7)  "Restoration classes" means curriculum-based
  educational sessions a child attends to assist in restoring the
  child's fitness to proceed, including the child's capacity to
  understand the proceedings in juvenile court and to assist in the
  child's own defense. 
               (8)  "Subaverage general intellectual functioning"
  means intelligence that is measured on standardized psychometric
  instruments of two or more standard deviations below the age-group
  mean for the instruments used [as defined by Section 571.003,
  Health and Safety Code].
         Sec. 55.02.  MENTAL HEALTH AND INTELLECTUAL DISABILITY
  JURISDICTION. For the purpose of initiating proceedings to order
  mental health or intellectual disability services for a child [or
  for commitment of a child] as provided by this chapter, the juvenile
  court has jurisdiction of proceedings under Subtitle C or D, Title
  7, Health and Safety Code.
         Sec. 55.03.  STANDARDS OF CARE. (a) Except as provided by
  this chapter, a child for whom inpatient or outpatient mental
  health services are [is] ordered by a court under this chapter shall
  be cared for as provided by Subtitle C, Title 7, Health and Safety
  Code.
         (b)  Except as provided by this chapter, a child who is
  ordered [committed] by a court to a residential care facility due to
  an intellectual disability shall be cared for as provided by
  Subtitle D, Title 7, Health and Safety Code.
         Sec. 55.04.  FORENSIC MENTAL EXAMINATION. (a) In this
  section, "forensic mental examination" means an examination by a
  disinterested physician or psychologist to determine if a child who
  is alleged by petition or found to have engaged in delinquent
  conduct or conduct indicating a need for supervision is a child with
  mental illness, is unfit to proceed in juvenile court due to mental
  illness or an intellectual disability, or lacks responsibility for
  conduct due to mental illness or an intellectual disability.
         (b)  A juvenile court may order a forensic mental examination
  if the court determines that probable cause exists to believe that a
  child who is alleged by petition or found to have engaged in
  delinquent conduct or conduct indicating a need for supervision is
  a child with mental illness, is unfit to proceed in juvenile court
  due to mental illness or an intellectual disability, or lacks
  responsibility for conduct due to mental illness or an intellectual
  disability.
         (c)  To qualify for appointment as an expert under this
  chapter, a physician or psychologist must:
               (1)  as appropriate, be a physician licensed in this
  state or be a psychologist licensed in this state who has a doctoral
  degree in psychology; and
               (2)  have the following certification or training:
                     (A)  as appropriate, certification by:
                           (i)  the American Board of Psychiatry and
  Neurology with added or special qualifications in forensic
  psychiatry; or
                           (ii)  the American Board of Professional
  Psychology in forensic psychology; or
                     (B)  training consisting of:
                           (i)  at least 24 hours of specialized
  forensic training relating to incompetency, fitness to proceed,
  lack of responsibility for conduct, or insanity evaluations; and
                           (ii)  at least eight hours of continuing
  education relating to forensic evaluations, completed in the 12
  months preceding the date of the appointment.
         (d)  In addition to meeting the qualifications required by
  Subsection (c), to be appointed as an expert, a physician or
  psychologist must have completed six hours of required continuing
  education in courses in forensic psychiatry or psychology, as
  appropriate, in the 24 months preceding the appointment.
         (e)  A court may appoint as an expert a physician or
  psychologist who does not meet the requirements of Subsections (c)
  and (d) only if the court determines that exigent circumstances
  require the court to appoint an expert with specialized expertise
  to examine the child that is not ordinarily possessed by a physician
  or psychologist who meets the requirements of Subsections (c) and
  (d).
         Sec. 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,
  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, 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, Health and Safety
  Code, during the preceding 60 days.
         Sec. 55.06.  CRITERIA FOR COURT-ORDERED RESIDENTIAL
  INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be
  court-ordered to receive services at a residential care facility
  unless: 
               (1)  the child is a child with an intellectual
  disability;
               (2)  evidence is presented showing that because of the
  child's intellectual disability, the child:
                     (A)  represents a substantial risk of physical
  impairment or injury to the child or others; or
                     (B)  is unable to provide for and is not providing
  for the child's most basic personal physical needs;
               (3)  the child cannot be adequately and appropriately
  habilitated in an available, less restrictive setting;
               (4)  the residential care facility provides
  habilitative services, care, training, and treatment appropriate
  to the child's needs; and
               (5)  an interdisciplinary team recommends placement in
  the residential care facility.
         SECTION 3.  The heading to Subchapter B, Chapter 55, Family
  Code, is amended to read as follows:
  SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH
  MENTAL ILLNESS
         SECTION 4.  Sections 55.11(b) and (c), Family Code, are
  amended to read as follows:
         (b)  If the court determines that probable cause exists to
  believe that the child is a child with [has a] mental illness, the
  court shall temporarily stay the juvenile court proceedings and
  immediately order the child to be examined under Section 55.04
  [51.20]. The information obtained from the examination must
  include expert opinion as to:
               (1)  whether the child is a child with [has a] mental
  illness; [and]
               (2)  whether the child meets the [commitment] criteria
  for court-ordered mental health services under Section 55.05 for:
                     (A)  temporary inpatient mental health services;
                     (B)  temporary outpatient mental health services;
                     (C)  extended inpatient mental health services;
  or
                     (D)  extended outpatient mental health services;
  and
               (3)  if applicable, the specific criteria the child
  meets under Subdivision (2) [under Subtitle C, Title 7, Health and
  Safety Code. If ordered by the court, the information must also
  include expert opinion as to whether the child is unfit to proceed
  with the juvenile court proceedings].
         (c)  After considering all relevant information, including
  information obtained from an examination under Section 55.04
  [51.20], the court shall:
               (1)  proceed under Section 55.12 if the court
  determines that evidence exists to support a finding that the child
  is a child with [has a] mental illness and that the child meets the
  [commitment] criteria for court-ordered mental health services
  under Section 55.05 [Subtitle C, Title 7, Health and Safety Code,
  proceed under Section 55.12]; or
               (2)  dissolve the stay and continue the juvenile court
  proceedings if the court determines that evidence does not exist to
  support a finding that the child is a child with [has a] mental
  illness or that the child meets the [commitment] criteria for
  court-ordered mental health services under Section 55.05 [Subtitle
  C, Title 7, Health and Safety Code, dissolve the stay and continue
  the juvenile court proceedings].
         SECTION 5.  Sections 55.12, 55.15, 55.16, 55.17, 55.18, and
  55.19, Family Code, are amended to read as follows:
         Sec. 55.12.  INITIATION OF [COMMITMENT] PROCEEDINGS FOR
  COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all
  relevant information, the juvenile court determines that evidence
  exists to support a finding that a child is a child with [has a]
  mental illness and that the child meets the [commitment] criteria
  for court-ordered mental health services under Section 55.05 [under
  Subtitle C, Title 7, Health and Safety Code], the court shall:
               (1)  initiate proceedings as provided by Section 55.65
  [55.13] to order temporary or extended mental health services, as
  provided in this chapter and Subchapter C, Chapter 574, Health and
  Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.14] to the appropriate court for the initiation of proceedings
  in that court to order temporary or extended mental health services
  for [commitment of] the child under this chapter and Subchapter C,
  Chapter 574, Health and Safety Code.
         Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER
  FOR MENTAL HEALTH SERVICES. Treatment ordered under this
  subchapter for a child with mental illness must focus on the
  stabilization of the child's mental illness and on meeting the
  child's psychiatric needs in the least restrictive appropriate
  setting. If the juvenile court or a court to which the child's case
  is referred under Section 55.12(2) orders mental health services
  for the child, the child shall be cared for, treated, and released
  in conformity to Subtitle C, Title 7, Health and Safety Code,
  except:
               (1)  a court order for mental health services for a
  child automatically expires on the 120th day after the date the
  child becomes 18 years of age; and
               (2)  the administrator of a mental health facility
  shall notify, in writing, by certified mail, return receipt
  requested, the juvenile court that ordered mental health services
  or the juvenile court that referred the case to a court that ordered
  the mental health services of the intent to discharge the child at
  least 10 days prior to discharge.
         Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF
  PROCEEDINGS. (a) If the court to which the child's case is
  referred under Section 55.12(2) orders temporary or extended
  [inpatient] mental health services for the child, the court shall
  immediately notify in writing the referring juvenile court of the
  court's order for mental health services.
         (b)  If the juvenile court orders temporary or extended
  [inpatient] mental health services for the child or if the juvenile
  court receives notice under Subsection (a) from the court to which
  the child's case is referred, the proceedings under this title then
  pending in juvenile court shall be stayed.
         Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED;
  DISSOLUTION OF STAY. (a) If the court to which a child's case is
  referred under Section 55.12(2) does not order temporary or
  extended [inpatient] mental health services for the child, the
  court shall immediately notify in writing the referring juvenile
  court of the court's decision.
         (b)  If the juvenile court does not order temporary or
  extended [inpatient] mental health services for the child or if the
  juvenile court receives notice under Subsection (a) from the court
  to which the child's case is referred, the juvenile court shall
  dissolve the stay and continue the juvenile court proceedings.
         Sec. 55.18.  DISCHARGE FROM COURT-ORDERED INPATIENT OR
  OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18
  YEARS OF AGE. If the child is discharged from the mental health
  facility or from outpatient treatment services before reaching 18
  years of age, the juvenile court may:
               (1)  dismiss the juvenile court proceedings with
  prejudice; or
               (2)  dissolve the stay and continue with proceedings
  under this title as though no order of mental health services had
  been made.
         Sec. 55.19.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
  18TH BIRTHDAY. (a) The juvenile court may waive its exclusive
  original jurisdiction and [shall] transfer all pending proceedings
  from the juvenile court to a criminal court on or after the 18th
  birthday of a child for whom the juvenile court or a court to which
  the child's case was [is] referred under Section 55.12(2) [has]
  ordered inpatient mental health services if:
               (1)  the child is not discharged or furloughed from the
  inpatient mental health facility before reaching 18 years of age;
  and
               (2)  the child is alleged to have engaged in delinquent
  conduct that included a violation of a penal law listed in Section
  53.045 and no adjudication concerning the alleged conduct has been
  made.
         (b)  A court conducting a waiver of jurisdiction and
  discretionary transfer hearing under this section shall conduct the
  hearing according to Sections 54.02(j), (k), and (l).
         (c)  If after the hearing the juvenile court waives its
  jurisdiction and transfers the person to criminal court, the [The]
  juvenile court shall send notification of the transfer of a child
  under Subsection (a) to the inpatient mental health facility. The
  criminal court shall, within 90 days of the transfer, institute
  proceedings under Chapter 46B, Code of Criminal Procedure. If
  those or any subsequent proceedings result in a determination that
  the defendant is competent to stand trial, the defendant may not
  receive a punishment for the delinquent conduct described by
  Subsection (a)(2) that results in confinement for a period longer
  than the maximum period of confinement the defendant could have
  received if the defendant had been adjudicated for the delinquent
  conduct while still a child and within the jurisdiction of the
  juvenile court.
         SECTION 6.  Section 55.31, Family Code, is amended by
  amending Subsections (c) and (d) and adding Subsections (e) and (f)
  to read as follows:
         (c)  If the court determines that probable cause exists to
  believe that the child is unfit to proceed, the court shall
  temporarily stay the juvenile court proceedings and immediately
  order the child to be examined under Section 55.04 [51.20. The
  information obtained from the examination must include expert
  opinion as to whether the child is unfit to proceed as a result of
  mental illness or an intellectual disability].
         (d)  During an examination ordered under this section, and in
  any report based on that examination, an expert shall consider, in
  addition to other issues determined relevant by the expert:
               (1)  whether the child, as supported by current
  indications and the child's personal history:
                     (A)  is a child with mental illness; or
                     (B)  is a child with an intellectual disability; 
               (2)  the child's capacity to:
                     (A)  appreciate the allegations against the
  child;
                     (B)  appreciate the range and nature of allowable
  dispositions that may be imposed in the proceedings against the
  child;
                     (C)  understand the roles of the participants and
  the adversarial nature of the legal process;
                     (D)  display appropriate courtroom behavior; and 
                     (E)  testify relevantly; and
               (3)  the degree of impairment resulting from the
  child's mental illness or intellectual disability and the specific
  impact on the child's capacity to engage with counsel in a
  reasonable and rational manner.
         (e)  An expert's report to the court must state an opinion on
  the child's fitness to proceed or explain why the expert is unable
  to state that opinion and include:
               (1)  the child's history and current status regarding
  any possible mental illness or intellectual disability;
               (2)  the child's developmental history as it relates to
  any possible mental illness or intellectual disability;
               (3)  the child's functional abilities related to
  fitness to stand trial;
               (4)  the relationship between deficits in the child's
  functional abilities related to fitness to proceed and any mental
  illness or intellectual disability; and
               (5)  if the expert believes the child is in need of
  remediation or restoration services, a discussion of:
                     (A)  whether the child's abilities are likely to
  be remediated or restored within the period described by Section
  55.33(a)(1), (2), or (3);
                     (B)  whether the child may be adequately treated
  in an alternative setting;
                     (C)  any recommended interventions to aid in the
  remediation or restoration of the child's fitness; 
                     (D)  whether the child meets criteria for
  court-ordered treatment or services under Section 55.05 or 55.06;
  and
                     (E)  if applicable, the specific criteria the
  child meets under Paragraph (D).
         (f) [(d)]  After considering all relevant information,
  including information obtained from an examination under Section
  55.04 [51.20], the court shall:
               (1)  if the court determines that evidence exists to
  support a finding that the child is unfit to proceed, proceed under
  Section 55.32; or
               (2)  if the court determines that evidence does not
  exist to support a finding that the child is unfit to proceed,
  dissolve the stay and continue the juvenile court proceedings.
         SECTION 7.  Sections 55.33 and 55.35, Family Code, are
  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)  provided that the child meets the inpatient mental
  health services or residential intellectual disability services
  [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
  D, Title 7, Health and Safety Code], order the child placed with the
  Health and Human Services Commission [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 commission [department];
               (2)  on application by the child's parent, guardian, or
  guardian ad litem, order the child placed in a private psychiatric
  inpatient facility or residential care 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 or an intellectual disability; and
                     (B)  the placement is agreed to in writing by the
  administrator of the facility; or
               (3)  subject to Subsection (d) [(c)], if the court
  determines that the child may be adequately treated or served in an
  alternative setting and finds that the child does not meet criteria
  for court-ordered inpatient mental health services or residential
  intellectual disability services under Section 55.05 or 55.06,
  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, with the
  possibility of extension as ordered by the court [which order may
  not specify a shorter period].
         (b)  If a child receives treatment for mental illness or
  services for the child's intellectual disability on an outpatient
  basis in an alternative setting under Subsection (a)(3), juvenile
  probation departments may provide restoration classes in
  collaboration with the outpatient alternative setting.
         (c)  If the court orders a child placed in a private
  psychiatric inpatient facility or residential care facility under
  Subsection (a)(2) or in an alternative setting under Subsection
  (a)(3), the state or a political subdivision of the state may be
  ordered to pay any costs associated with the ordered services
  [child's placement], subject to an express appropriation of funds
  for the purpose.
         (d) [(c)]  Before issuing an order described by Subsection
  (a)(3), the court shall consult with the local juvenile probation
  department, [and] with local treatment or service providers, with
  the local mental health authority, and with the local intellectual
  and developmental disability authority to determine the
  appropriate treatment or services and restoration classes for the
  child.
         Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR
  ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court
  issues an [a placement] order under Section 55.33(a), the court
  shall order the probation department to send copies of any
  information in the possession of the department and relevant to the
  issue of the child's mental illness or intellectual disability to
  the public or private facility or outpatient alternative setting
  [center], as appropriate.
         (b)  Not later than the 75th day after the date the court
  issues an [a placement] order under Section 55.33(a), the public or
  private facility or outpatient alternative setting [center], as
  appropriate, shall submit to the court a report that:
               (1)  describes the treatment or services provided to
  the child by the facility or alternative setting [center]; and
               (2)  states the opinion of the director of the facility
  or alternative setting [center] as to whether the child is fit or
  unfit to proceed.
         (c)  If the report under Subsection (b) states that the child
  is unfit to proceed, the report must also include an opinion and the
  reasons for that opinion as to whether the child meets the criteria
  for court-ordered mental health services or court-ordered
  intellectual disability services under Section 55.05 or 55.06.
         (d)  The report of an outpatient alternative setting
  collaborating with a juvenile probation department to provide
  restoration classes must include any information provided by the
  juvenile probation department regarding the child's assessment at
  the conclusion of the restoration classes.
         (e)  The court shall provide a copy of the report submitted
  under Subsection (b) to the prosecuting attorney and the attorney
  for the child.
         SECTION 8.  Section 55.36(d), Family Code, is amended to
  read as follows:
         (d)  If, after a hearing, the court or jury finds that the
  child is unfit to proceed, the court shall proceed under Section
  55.37 or 55.40, as appropriate.
         SECTION 9.  Sections 55.37 and 55.40, Family Code, are
  amended to read as follows:
         Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
  RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS
  FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted
  under Section 55.35(b) states that a child is unfit to proceed as a
  result of mental illness and that the child meets the [commitment]
  criteria for court-ordered mental health services under Section
  55.05 [civil commitment under Subtitle C, Title 7, Health and
  Safety Code], the director of the public or private facility or
  outpatient alternative setting [center], as appropriate, shall
  submit to the court two certificates of medical examination for
  mental illness, as described by Subchapter A, Chapter 574, Health
  and Safety Code. On receipt of the certificates, the court shall:
               (1)  initiate proceedings as provided by Section 55.66
  for temporary or extended mental health services, as provided by
  this chapter and Subchapter C, Chapter 574, [55.38 in the juvenile
  court for commitment of the child under Subtitle C, Title 7,] Health
  and Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.39] to the appropriate court for the initiation of proceedings
  in that court for temporary or extended mental health services for
  [commitment of] the child under this chapter and Subchapter C,
  Chapter 574, [Subtitle C, Title 7,] Health and Safety Code.
         Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
  RESULT OF INTELLECTUAL DISABILITY.  If a report submitted under
  Section 55.35(b) states that a child is unfit to proceed as a result
  of an intellectual disability and that the child meets the
  [commitment] criteria for court-ordered residential intellectual
  disability services under Section 55.06 [civil commitment under
  Subtitle D, Title 7, Health and Safety Code], the director of the
  residential care facility or alternative setting shall submit to
  the court an affidavit stating the conclusions reached as a result
  of the diagnosis.  On receipt of the affidavit, the court shall:
               (1)  initiate proceedings as provided by Section 55.67
  [55.41] in the juvenile court for court-ordered residential
  intellectual disability services for [commitment of] the child
  under Subtitle D, Title 7, Health and Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.42] to the appropriate court for the initiation of proceedings
  in that court for court-ordered residential intellectual
  disability services for [commitment of] the child under Subtitle D,
  Title 7, Health and Safety Code.
         SECTION 10.  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)  ordered [committed] by a court to
  receive services at 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 discharged from an alternative setting
  [outpatient center] before the child reaches 18 years of age.
         SECTION 11.  Section 55.44, Family Code, is amended to read
  as follows:
         Sec. 55.44.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
  18TH BIRTHDAY OF CHILD. (a)  The juvenile court may waive its
  exclusive original jurisdiction and [shall] transfer all pending
  proceedings from the juvenile court to a criminal court on or after
  the 18th birthday of a child for whom the juvenile court or a court
  to which the child's case is referred has ordered inpatient mental
  health services or residential care for persons with an
  intellectual disability if:
               (1)  the child is not discharged or currently on
  furlough from the facility before reaching 18 years of age; and
               (2)  the child is alleged to have engaged in delinquent
  conduct that included a violation of a penal law listed in Section
  53.045 and no adjudication concerning the alleged conduct has been
  made.
         (b)  A court conducting a waiver of jurisdiction and
  discretionary transfer hearing under this section shall conduct the
  hearing according to Sections 54.02(j), (k), and (l).
         (c)  If after the hearing the juvenile court waives its
  jurisdiction and transfers the case to criminal court, the [The]
  juvenile court shall send notification of the transfer of a child
  under Subsection (a) to the facility. The criminal court shall,
  before the 91st day after the date of the transfer, institute
  proceedings under Chapter 46B, Code of Criminal Procedure. If
  those or any subsequent proceedings result in a determination that
  the defendant is competent to stand trial, the defendant may not
  receive a punishment for the delinquent conduct described by
  Subsection (a)(2) that results in confinement for a period longer
  than the maximum period of confinement the defendant could have
  received if the defendant had been adjudicated for the delinquent
  conduct while still a child and within the jurisdiction of the
  juvenile court.
         SECTION 12.  Sections 55.45(b) and (c), Family Code, are
  amended to read as follows:
         (b)  If the juvenile court or a court to which the child's
  case is referred under Section 55.40(2) orders the intellectual
  disability services for [commitment of] the child to be provided at
  [to] a residential care facility, the child shall be cared for,
  treated, and released in accordance with Subtitle D, Title 7,
  Health and Safety Code, except that the administrator of the
  residential care facility shall notify, in writing, by certified
  mail, return receipt requested, the juvenile court that ordered
  intellectual disability services for [commitment of] the child or
  that referred the case to a court that ordered intellectual
  disability services for [commitment of] the child of the intent to
  discharge or furlough the child on or before the 20th day before the
  date of discharge or furlough.
         (c)  If the referred child, as described in Subsection (b),
  is alleged to have committed an offense listed in Article 42A.054,
  Code of Criminal Procedure, the administrator of the residential
  care facility shall apply, in writing, by certified mail, return
  receipt requested, to the juvenile court that ordered services for
  [commitment of] the child or that referred the case to a court that
  ordered services for [commitment of] the child and show good cause
  for any release of the child from the facility for more than 48
  hours.  Notice of this request must be provided to the prosecuting
  attorney responsible for the case.  The prosecuting attorney, the
  juvenile, or the administrator may apply for a hearing on this
  application.  If no one applies for a hearing, the trial court shall
  resolve the application on the written submission.  The rules of
  evidence do not apply to this hearing.  An appeal of the trial
  court's ruling on the application is not allowed.  The release of a
  child described in this subsection without the express approval of
  the trial court is punishable by contempt.
         SECTION 13.  Section 55.51(b), Family Code, is amended to
  read as follows:
         (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 [51.20].  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 or 55.06; and
               (4)  if applicable, the specific criteria the child
  meets under Subdivision (3).
         SECTION 14.  Sections 55.52 and 55.54, Family Code, are
  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)  provided that the child meets the inpatient mental
  health services or residential intellectual disability services
  [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
  D, Title 7, Health and Safety Code], order the child placed with the
  Health and Human Services Commission [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 commission [department];
               (2)  on application by the child's parent, guardian, or
  guardian ad litem, order the child placed in a private psychiatric
  inpatient facility or residential care 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 or an intellectual disability; and
                     (B)  the placement is agreed to in writing by the
  administrator of the facility; or
               (3)  subject to Subsection (c), if the court determines
  that the child may be adequately treated or served in an alternative
  setting and finds that the child does not meet criteria for
  court-ordered inpatient mental health services or residential
  intellectual disability services under Section 55.05 or 55.06,
  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, with the
  possibility of extension as ordered by the court [which order may
  not specify a shorter period].
         (b)  If the court orders a child placed in a private
  psychiatric inpatient facility or residential care facility under
  Subsection (a)(2) or in an alternative setting under Subsection
  (a)(3), the state or a political subdivision of the state may be
  ordered to pay any costs associated with the ordered services
  [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 local juvenile probation
  department, [and] with local treatment or service providers, with
  the local mental health authority, and with the local intellectual
  and developmental disability authority to determine the
  appropriate treatment or services for the child.
         Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR
  ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court
  issues an [a placement] order under Section 55.52(a), the court
  shall order the probation department to send copies of any
  information in the possession of the department and relevant to the
  issue of the child's mental illness or intellectual disability to
  the public or private facility or alternative setting [outpatient
  center], as appropriate.
         (b)  Not later than the 75th day after the date the court
  issues an [a placement] order under Section 55.52(a), the public or
  private facility or alternative setting [outpatient center], as
  appropriate, shall submit to the court a report that:
               (1)  describes the treatment or services provided to
  the child by the facility or alternative setting [center]; and
               (2)  states the opinion of the director of the facility
  or alternative setting [center] as to whether the child is a child
  with [has a] mental illness or an intellectual disability.
         (c)  If the report under Subsection (b) states that the child
  is a child with mental illness or an intellectual disability, the
  report must include an opinion as to whether the child meets
  criteria for court-ordered mental health services or court-ordered
  intellectual disability services under Section 55.05 or 55.06.
         (d) [(c)]  The court shall send a copy of the report
  submitted under Subsection (b) to the prosecuting attorney and the
  attorney for the child.
         SECTION 15.  Sections 55.55(b), (c), (d), and (e), Family
  Code, are amended to read as follows:
         (b)  On objection by the prosecuting attorney under
  Subsection (a), the juvenile court shall hold a hearing without a
  jury to determine whether the child is a child with [has a] mental
  illness or an intellectual disability and whether the child meets
  the [commitment] criteria for court-ordered mental health services
  or court-ordered intellectual disability services [civil
  commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
  Health and Safety Code].
         (c)  At the hearing, the burden is on the state to prove by
  clear and convincing evidence that the child is a child with [has a]
  mental illness or an intellectual disability and that the child
  meets the [commitment] criteria for court-ordered mental health
  services or court-ordered intellectual disability services [civil
  commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
  Health and Safety Code].
         (d)  If, after a hearing, the court finds that the child does
  not have a mental illness or an intellectual disability and that the
  child does not meet the [commitment] criteria for court-ordered
  treatment services under Section 55.05 or 55.06 [Subtitle C or D,
  Title 7, Health and Safety Code], the court shall discharge the
  child.
         (e)  If, after a hearing, the court finds that the child has a
  mental illness or an intellectual disability and that the child
  meets the [commitment] criteria for court-ordered treatment
  services under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
  Health and Safety Code], the court shall issue an appropriate
  [commitment] order for court-ordered mental health services or
  court-ordered intellectual disability services.
         SECTION 16.  Section 55.56, Family Code, is amended to read
  as follows:
         Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS;
  INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL
  HEALTH SERVICES. If a report submitted under Section 55.54(b)
  states that a child is a child with [has a] mental illness and that
  the child meets the [commitment] criteria for court-ordered mental
  health services [civil commitment] under Section 55.05 [Subtitle C,
  Title 7, Health and Safety Code], the director of the public or
  private facility or alternative setting [outpatient center], as
  appropriate, shall submit to the court two certificates of medical
  examination for mental illness, as described by Subchapter A,
  Chapter 574, Health and Safety Code. On receipt of the
  certificates, the court shall:
               (1)  initiate proceedings as provided by Section 55.66
  [55.57] in the juvenile court for court-ordered mental health
  services for [commitment of] the child under Subtitle C, Title 7,
  Health and Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.58] to the appropriate court for the initiation of proceedings
  in that court for court-ordered mental health services for
  [commitment of] the child under Subtitle C, Title 7, Health and
  Safety Code.
         SECTION 17.  Section 55.59, Family Code, is amended to read
  as follows:
         Sec. 55.59.  REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;
  INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED
  RESIDENTIAL INTELLECTUAL DISABILITY SERVICES.  If a report
  submitted under Section 55.54(b) states that a child is a child with 
  [has] an intellectual disability and that the child meets the
  [commitment] criteria for court-ordered residential intellectual
  disability services under Section 55.06 [civil commitment under
  Subtitle D, Title 7, Health and Safety Code], the director of the
  residential care facility or alternative setting shall submit to
  the court an affidavit stating the conclusions reached as a result
  of the diagnosis.  On receipt of an affidavit, the juvenile court
  shall:
               (1)  initiate proceedings in the juvenile court as
  provided by Section 55.67 [55.60] for court-ordered residential
  intellectual disability services for [commitment of] the child
  under Subtitle D, Title 7, Health and Safety Code; or
               (2)  refer the child's case to the appropriate court as
  provided by Section 55.68 [55.61] for the initiation of proceedings
  in that court for court-ordered residential intellectual
  disability services for [commitment of] the child under Subtitle D,
  Title 7, Health and Safety Code.
         SECTION 18.  Chapter 55, Family Code, is amended by adding
  Subchapter E, and a heading is added to that subchapter to read as
  follows:
  SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR
  RESIDENTIAL INTELLECTUAL DISABILITY SERVICES
         SECTION 19.  Sections 55.13 and 55.14, Family Code, are
  transferred to Subchapter E, Chapter 55, Family Code, as added by
  this Act, redesignated as Sections 55.65 and 55.68, Family Code,
  respectively, and amended to read as follows:
         Sec. 55.65  [55.13]. [COMMITMENT] 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(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 [Section] 574.001 and 574.002, Health and Safety Code.
  The juvenile court shall:
               (1)  set a date for a hearing and provide notice as
  required by Sections 574.005 and 574.006, Health and Safety Code;
  [and]
               (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, 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, 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, Health and Safety Code; and
               (5)  conduct the hearing in accordance with Subchapter
  C, Chapter 574, Health and Safety Code.
         (b)  The burden of proof at the hearing is on the party who
  filed the application.
         (c)  [The juvenile court shall appoint the number of
  physicians necessary to examine the child and to complete the
  certificates of medical examination for mental illness required
  under Section 574.009, Health and Safety Code.
         [(d)]  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(a) or (b)
  [574.034 or 574.0345, Health and Safety Code,] are satisfied, order
  temporary inpatient or outpatient mental health services for the
  child under Chapter 574, Health and Safety Code; or
               (2)  if the criteria under Section 55.05(c) or (d)
  [574.035 or 574.0355, Health and Safety Code,] are satisfied, order
  extended inpatient or outpatient mental health services for the
  child under Chapter 574, 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 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.
         Sec. 55.68 [55.14].  REFERRAL FOR [COMMITMENT] PROCEEDINGS
  FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR
  LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR
  INTELLECTUAL DISABILITY.  (a) If the juvenile court refers the
  child's case to an [the] appropriate court for the initiation of
  [commitment] proceedings for court-ordered treatment services
  under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2),
  the juvenile court shall:
               (1)  send to the clerk of the court to which the case is
  referred all papers, including evaluations, examination reports,
  court findings, orders, verdicts, judgments, and reports from
  facilities and alternative settings, relating to:
                     (A)  the child's mental illness or intellectual
  disability;
                     (B)  the child's unfitness to proceed, if
  applicable; and
                     (C)  the finding that the child was not
  responsible for the child's conduct, if applicable [to the clerk of
  the court to which the case is referred]; and
               (2)  send to the office of the appropriate county
  attorney or, if a county attorney is not available, to the office of
  the appropriate district attorney, copies of all papers sent to the
  clerk of the court under Subdivision (1) [; and
               [(3)  if the child is in detention:
                     [(A)  order the child released from detention to
  the child's home or another appropriate place;
                     [(B)  order the child detained in an appropriate
  place other than a juvenile detention facility; or
                     [(C)  if an appropriate place to release or detain
  the child as described by Paragraph (A) or (B) is not available,
  order the child to remain in the juvenile detention facility
  subject to further detention orders of the court].
         (b)  The papers sent to the clerk of a court under Subsection
  (a)(1) constitute an application for court-ordered mental health
  services under Section 574.001, Health and Safety Code, or an
  application for placement under Section 593.041, Health and Safety
  Code, as applicable.
         (c)  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 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.
         SECTION 20.  Sections 55.38 and 55.41, Family Code, are
  transferred to Subchapter E, Chapter 55, Family Code, as added by
  this Act, redesignated as Sections 55.66 and 55.67, Family Code,
  respectively, and amended to read as follows:
         Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE
  COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
  FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court
  initiates [commitment] proceedings for court-ordered mental health
  services under Section 55.37(1) or 55.56(1), the prosecuting
  attorney may file with the juvenile court an application for
  court-ordered mental health services under Sections [Section]
  574.001 and 574.002, Health and Safety Code. The juvenile court
  shall:
               (1)  set a date for a hearing and provide notice as
  required by Sections 574.005 and 574.006, Health and Safety Code;
  [and]
               (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, Health
  and Safety Code;
               (3)  identify the person responsible for court-ordered
  outpatient mental health services at least three days before the
  date of 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, Health and Safety Code; and
               (4)  conduct the hearing in accordance with Subchapter
  C, Chapter 574, Health and Safety Code.
         (b)  After conducting a hearing 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 [Subsection (a)(2)], the
  juvenile court shall:
               (1)  if the criteria for court-ordered mental health
  services under Section 55.05(a) or (b) [574.034 or 574.0345, Health
  and Safety Code,] are satisfied, order temporary inpatient or
  outpatient mental health services; or
               (2)  if the criteria for court-ordered mental health
  services under Section 55.05(c) or (d) [574.035 or 574.0355, Health
  and Safety Code,] are satisfied, order extended inpatient or
  outpatient mental health services.
         (c)  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.
         (d)  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 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.
         Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE
  COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
  FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY.  (a) If
  the juvenile court initiates [commitment] proceedings under
  Section 55.40(1) or 55.59(1), the prosecuting attorney may file
  with the juvenile court an application for an interdisciplinary
  team report and recommendation that the child is in need of
  long-term placement in a residential care facility, under Section
  593.041, Health and Safety Code. The juvenile court shall:
               (1)  set a date for a hearing and provide notice as
  required by Sections 593.047 and 593.048, Health and Safety Code;
  and
               (2)  conduct the hearing in accordance with Sections
  593.049-593.056, Health and Safety Code.
         (b)  After conducting a hearing under this section and with
  consideration given to the least restrictive appropriate setting
  for services for the child and to the parent's, managing
  conservator's, or guardian's availability and willingness to
  participate in the services for the child [Subsection (a)(2)], the
  juvenile court may order residential intellectual disability
  services for the child if the [commitment of the child to a
  residential care facility if the commitment] criteria under Section
  55.06 [593.052, Health and Safety Code,] are satisfied.
         (c)  On receipt of the court's order, the Health and Human
  Services Commission [Department of Aging and Disability Services or
  the appropriate community center] shall identify a residential care
  facility and admit the child to the identified [a residential care]
  facility.
         (d)  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 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.
         SECTION 21.  Sections 55.39, 55.42, 55.57, 55.58, 55.60, and
  55.61, Family Code, are repealed.
         SECTION 22.  The changes in law made by this Act apply only
  to a juvenile court hearing or proceeding that commences on or after
  the effective date of this Act.  A juvenile court hearing or
  proceeding that commences before the effective date of this Act is
  governed by the law in effect on the date the hearing or proceeding
  commenced, and the former law is continued in effect for that
  purpose.
         SECTION 23.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1585 passed the Senate on
  April 26, 2023, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1585 passed the House on
  May 24, 2023, by the following vote:  Yeas 116, Nays 22,
  one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor