Tex. Fam. Code § 55.05 · Subchapter A. GENERAL PROVISIONS
CRITERIA FOR COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 2, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.55.htm
- Text hash
- sha256 c61d44f3edc8c67e4b2acc6766809d61f95ae938c3fa2e34bcc3daead2639863
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 13 provisions
Provisions in this library whose text cites Tex. Fam. Code § 55.05. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 55.11MENTAL ILLNESS DETERMINATION; EXAMINATION.Printed as Section 55.05
- Tex. Fam. Code § 55.12INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES.Printed as Section 55.05
- Tex. Fam. Code § 55.31UNFITNESS TO PROCEED DETERMINATION; EXAMINATION.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.33PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO PROCEED.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.35INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.37REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS; INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES.Printed as Section 55.05
- Tex. Fam. Code § 55.51LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION; EXAMINATION.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.52PROCEEDINGS FOLLOWING FINDING OF LACK OF RESPONSIBILITY FOR CONDUCT.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.54INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.55REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.56REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES.Printed as Section 55.05
- Tex. Fam. Code § 55.65PROCEEDINGS IN JUVENILE COURT FOR CHILD WITH MENTAL ILLNESS.Printed as Section 55.05(a) | Section 55.05(c)
- Tex. Fam. Code § 55.66PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS.Printed as Section 55.05(a) | Section 55.05(c)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.