Tex. Family Code § 55.51
This is the official text of Tex. Family Code § 55.51, part of Texas’s Family Code — governs marriage, divorce, child custody and support, and adoption.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 55.51. LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION; EXAMINATION.
Official statutory text
(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).
(c) The issue of whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability shall be tried to the court or jury in the adjudication hearing.
(d) Lack of responsibility for conduct as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence.
(e) In its findings or verdict the court or jury must state whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability.
(f) If the court or jury finds the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability, the court shall proceed under Section 55.52.
(g) A child found to be not responsible for the child's conduct as a result of mental illness or an intellectual disability shall not be subject to proceedings under this title with respect to such conduct, other than proceedings under Section 55.52.
(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).
(c) The issue of whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability shall be tried to the court or jury in the adjudication hearing.
(d) Lack of responsibility for conduct as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence.
(e) In its findings or verdict the court or jury must state whether the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability.
(f) If the court or jury finds the child is not responsible for the child's conduct as a result of mental illness or an intellectual disability, the court shall proceed under Section 55.52.
(g) A child found to be not responsible for the child's conduct as a result of mental illness or an intellectual disability shall not be subject to proceedings under this title with respect to such conduct, other than proceedings under Section 55.52.
Status: in_force · Read it on the official government site
Dealing with a family matter in Texas?
See all Texas Family lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.