Texas Family Code 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.
Terms Used In Texas Family Code 55.05
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.