Tex. Fam. Code § 55.55

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 55.55 - Report That Child Does Not Have Mental Illness or Intellectual Disability; Hearing on Objection
(a) If a report submitted under Section 55.54(b) states that a child does not have a mental illness or an intellectual disability, the juvenile court shall discharge the child unless:
(1) an adjudication hearing was conducted concerning conduct that included a violation of a penal law listed in Section 53.045(a) and a petition was approved by a grand jury under Section 53.045; and
(2) the prosecuting attorney objects in writing not later than the second day after the date the attorney receives a copy of the report under Section 55.54(c).
(b) On objection by the prosecuting attorney under Subsection (a), the juvenile court shall hold a hearing without a jury to determine whether the child is a child with mental illness or an intellectual disability and whether the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06 .
(c) At the hearing, the burden is on the state to prove by clear and convincing evidence that the child is a child with mental illness or an intellectual disability and that the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06 .
(d) If, after a hearing, the court finds that the child does not have a mental illness or an intellectual disability and that the child does not meet the criteria for court-ordered treatment services under Section 55.05 or 55.06 , the court shall discharge the child.
(e) If, after a hearing, the court finds that the child has a mental illness or an intellectual disability and that the child meets the criteria for court-ordered treatment services under Section 55.05 or 55.06 , the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services.

Tex. Fam. Code § 55.55

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1166,Sec. 15, eff. 9/1/2023.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 1.021, eff. 4/2/2015.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. 9/1/1999.