Have a juvi w/couple of Misd. A Terroristic Threat / Family Member and Crim. Misch.
Has one prior adjudication for a misd. and completed the prob w/no probs.
Will be 17 in 3-4 mos (and he knows it).
Parents are scared to death of him (and he knows it) and fear for themselves and his little brother - don't want him back.
Juvi. got kicked out of boot camp w/in a week - hunger strike and self mutilation, etc. They won't take him back and he say's going to do it again if sent back.
Not sure of any other relatives, but if there are, he says he'll strangle one side and the other side of family isn't fit to try to handle him.
At detention hearings (it's always an adventure) he beats the walls, scratches self and bites tongue / cheek.
etc., etc.
MHMR says he isn't a threat to self or others for committment purposes (We are asking that this be reconsidered).
If so, and Since TYC isn't an option, we are thinking about having him committed. Never done one at any level so have some Q's. Is it the same process as with an adult? Is it done in Juvi Court or need to go to District Court. Any other options. This kid isn't stupid and shows enough presence of mind and knowledge of what he's doing that I don't think competency is an issue. Any other ideas would be appreciated. I'm to the point of telling them to take off the shackles and waiting for him to attack me so we can have a felony, but he's probably too smart for that (in the sense that he knows it would be bad for him in a legal sense - he could probably take me). Kid really needs help. All involved really think he could hurt self or others.

I'm in a similar situation and would appreicate it if anyone has a good procedure down for Ch 55 commitments they wouldn't mind sharing. I've got a kid that I thought had been committed to ASH for 90 evaluation period, but ASH called a few minutes ago to let me know he's being released today because they don't have the proper (in their eyes) order. Any help would be greatly appreciated.

Chapter 55 has lots of different avenues, none of which I am very well versed in but I do have several good flow charts from some of the seminars over the years that I could fax you.
I think there are a couple of papers and several sets of forms on Chapter 55 on the juvenile law section site and/or the TJPC site too.

If you let me know what area of Chapter 55 you are dealing with I may have forms too.

I was on the Chapt. 55 Workgroup and must admit that legislation is like the description of a camel, i.e. "a horse designed by a committee."

First, a minor 16 years of age or older (i.e. a person under the age of 18), may himself, or herself, request admission to a mental health facility voluntarily. However, a minor may also be admitted upon the request of a parent w/o consent. A guardian requesting admission will require consent of the minor. H&S 572.001. Otherwise, involuntary procedures are followed in accord with H&S 574.

Second, TFC 55.12 allows the juvenile court to (also) hear civil commitment of juveniles, though in accordance with the rules of H&S Code, both temporary (90 days) or extended (1 yr), to appoint examiners to do medical certs, etc. TFC 55.13. In the alternative the case may be referred to the court having mental health jurisdiction. Juvenile proceedings are stayed pending the disposition of the MH proceeding. TFC 55.16.

Third, the "hook" or twist in the matter occurs when the receiving facility declares that the then patient "no longer meets criteria" for care and wishes to discharge the patient. (See our recent threads regarding adults in similar circumstance.) Then one can institute new proceedings, which must, however, be based upon new or recent behaviors. And when our state repeatedly decreases funds not only for child and adolescent services but for adult services as well, the issue of "bed availability" becomes very real. If the child is Medicaid eligible, some monies may be available for private care, though the number of facilities are few.

Wearing my clinical and not my legal hat, I would suspect that this adolescent is not psychotic but enormously capable of creating disruption in the social system around him, while he feels nominal distress. I see this kind of individual often in TDCJ after they have picked up yet another case while confined, and engage in much self-injurious behavior but are clearly competent and sane. Disclaimer: Please note these comments are speculative and not based upon any personal knowledge of the juvenile, but I would place a small wager.. It is ironic that he would receive regular and sustained mental health services if confined, but you struggle to find services in the free world, which - if available -- would be far less costly.

[This message was edited by Floyd L. Jennings on 10-24-06 at .]

Once again, the juvenile justice system has become the default mental health care system, although it sounds like you just might have a kiddo who is putting on an act and taking advantage of the loopholes the law provides.

The best guidance (and forms and orders, too!) I have found are in Volume 29 of the West's Texas Practice. There is a section in there from Hal Gaither who was very knowlegeable in this area.If you don't have it, probably the county law library has it.

Another thing we have done in the past is just ask TDMHMRA to provide a form order that meets their approval. That might or might not work. It always seemed to me that they devoted more effort towards keeping the juveniles out of their facilities than to helping them.

Another thing I sometimes did, in an appropriate case, is just sit the attorney and the family and the juvenile down and say, in effect, all right, I will start this mental health proceeding, but I want you to realize that the only way a mental health finding will get you off the hook on the juvenile charge, is if he is found to need placement in a state mental health care facility and to get such a finding, the procedure requires a 90 day out-of-the-home commitment to a state facility for evaluation. I usually threw in some "ways out" for them by saying that oftentimes if the problem is temporary - as in caused perhaps by drug usage - usually a stay in detention to dry out from the drugs and be evaluated will show that it is temporary and then we can proceed with the juvenile case. Usually the prospect of the 90 day commitment would slow them down and dampen their eagerness to invoke this kind of defense, unless the child was really mentally ill.

Your problem is that in your case, the parents would probably see the commitment as a "vacation" for them. The kid won't like it though.

Judge Gaither is now largely retired - and was on the Chapt. 55 Workgroup -- but he will gladly and freely talk with any prosecutor who needs any procedural shepherding and is extremely kindly and thoughtful in the process.