Texas Family Code

§ 55.51 — LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION; EXAMINATION

FA § 55.51Title 3. JUVENILE JUSTICE CODE · Ch. 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY · Art. D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITY

Statute text

View on source

(a)A child alleged by petition to have engaged in delinquent conduct or conduct indicating a need for supervision is not responsible for the conduct if at the time of the conduct, as a result of mental illness or an intellectual disability, the child lacks substantial capacity either to appreciate the wrongfulness of the child's conduct or to conform the child's conduct to the requirements of law.

(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. 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).

…

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.018, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 13, eff. September 1, 2023.