Texas Codes

Tex. Fam. Code § 55.51 (2026)

Lack Of Responsibility For Conduct Determination; Examination

✓ current as of May 2026

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Sec. 55.51. LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION; EXAMINATION. (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.

Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31, 1995. Renumbered from Family Code Sec. 55.05 and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.

Amended by:

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.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 2004–2022 · leading case: In re H.C., 562 S.W.3d 30 (Tex. App. 2018).

Sort: Relevance Newest Treatment

In re H.C., 562 S.W.3d 30 (Tex. App. 2018). · cites it 2× “" TEX. FAM. CODE ANN. § 55.51(a) (West Supp.”

In Re Altschul, 236 S.W.3d 453 (Tex. App. 2007). “Altschul claims that he was released from custody shortly thereafter.”

In Re Altschul, 207 S.W.3d 427 (Tex. App. 2006). “See Tex. Fam.Code Ann. § 55.51 (Vernon 2002).”

In re S.C., 229 S.W.3d 837 (Tex. App. 2007). “Tex Fam.Code Ann. § 55.51(a) (Vernon 2002).”

in the Matter of H.C. (Tex. App. 2018). · cites it 2× “” TEX. FAM. CODE ANN. § 55.51(a) (West Supp.”

Ex Parte T.W.A. (Tex. App. 2022). · cites it 2× “’s adjudication and disposition uses the terms, “mental disease or defect” while T.”

In Re Sc, 229 S.W.3d 837 (Tex. App. 2007). “TEX. FAM.CODE ANN. § 55.51(a) (Vernon 2002).”

Achim Joseph Marino v. State (Tex. App. 2004). “” Tex. Fam. Code Ann. § 55.51 (a) (West 2002) (emphasis added).”

Achim Joseph Marino v. State (Tex. App. 2004). “" Tex. Fam. Code Ann. § 55.51 (a) (West 2002) (emphasis added).”

in the Matter of S. C. (Tex. App. 2007). “Tex. Fam. Code Ann. § 55.51 (a) (Vernon 2002).”

Todd W. Altschul v. State (Tex. App. 2010). “See Tex. Fam. Code § 55.51(a) (Vernon 2008). He thus was not granted relief on the basis of actual innocence.”

in the Matter of J.W. (Tex. App. 2012). “See TEX. FAM. CODE ANN. § 55.51(a) (child not responsible for his conduct “if at the time of the conduct, as a result of mental illness or mental retardation, the child lacks substantial capacity either to appreciate the wrongfulness of the child’s conduct or to conform the…”

— Tex. Fam. Code § 55.51(a) — 6 cases

In re H.C., 562 S.W.3d 30 (Tex. App. 2018). “" TEX. FAM. CODE ANN. § 55.51(a) (West Supp.”

In re S.C., 229 S.W.3d 837 (Tex. App. 2007). “Tex Fam.Code Ann. § 55.51(a) (Vernon 2002).”

In Re Sc, 229 S.W.3d 837 (Tex. App. 2007). “TEX. FAM.CODE ANN. § 55.51(a) (Vernon 2002).”

in the Matter of H.C. (Tex. App. 2018). “” TEX. FAM. CODE ANN. § 55.51(a) (West Supp.”

Todd W. Altschul v. State (Tex. App. 2010). “See Tex. Fam. Code § 55.51(a) (Vernon 2008). He thus was not granted relief on the basis of actual innocence.”

— Tex. Fam. Code § 55.51(b) — 2 cases

In re H.C., 562 S.W.3d 30 (Tex. App. 2018). “" TEX. FAM. CODE ANN. § 55.51(a) (West Supp.”

in the Matter of H.C. (Tex. App. 2018). “” TEX. FAM. CODE ANN. § 55.51(a) (West Supp.”

— Tex. Fam. Code § 55.51(g) — 1 case

Ex Parte T.W.A. (Tex. App. 2022). “’s adjudication and disposition uses the terms, “mental disease or defect” while T.”

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