87R16781 ADM-D     By: Wu H.B. No. 2107     Substitute the following for H.B. No. 2107:     By:  Ramos C.S.H.B. No. 2107       A BILL TO BE ENTITLED   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.