Tex. Fam. Code Section 55.11
Mental Illness Determination; Examination

(a)

On a motion by a party, the juvenile court shall determine whether probable cause exists to believe that a child who is alleged by petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision has a mental illness. In making its determination, the court may:

(1)

consider the motion, supporting documents, professional statements of counsel, and witness testimony; and

(2)

make its own observation of the child.

(b)

If the court determines that probable cause exists to believe that the child is a child with mental illness, the court shall temporarily stay the juvenile court proceedings and immediately order the child to be examined under Section 55.04 (Forensic Mental Examination). The information obtained from the examination must include expert opinion as to:

(1)

whether the child is a child with mental illness;

(2)

whether the child meets the criteria for court-ordered mental health services under Section 55.05 (Criteria for Court-ordered Mental Health Services for Child) for:

(A)

temporary inpatient mental health services;

(B)

temporary outpatient mental health services;

(C)

extended inpatient mental health services; or

(D)

extended outpatient mental health services; and

(3)

if applicable, the specific criteria the child meets under Subdivision (2).

(c)

After considering all relevant information, including information obtained from an examination under Section 55.04 (Forensic Mental Examination), the court shall:

(1)

proceed under Section 55.12 (Initiation of Proceedings for Court-ordered Mental Health Services) if the court determines that evidence exists to support a finding that the child is a child with mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05 (Criteria for Court-ordered Mental Health Services for Child); or

(2)

dissolve the stay and continue the juvenile court proceedings if the court determines that evidence does not exist to support a finding that the child is a child with mental illness or that the child meets the criteria for court-ordered mental health services under Section 55.05 (Criteria for Court-ordered Mental Health Services for Child).
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 4, eff. September 1, 2023.

Source: Section 55.11 — Mental Illness Determination; Examination, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­11 (accessed May 4, 2024).

55.01
Definitions 55.02
Mental Health and Intellectual Disability Jurisdiction 55.03
Standards of Care 55.04
Forensic Mental Examination 55.05
Criteria for Court-ordered Mental Health Services for Child 55.06
Criteria for Court-ordered Residential Intellectual Disability Services for Child 55.11
Mental Illness Determination 55.12
Initiation of Proceedings for Court-ordered Mental Health Services 55.15
Standards of Care 55.16
Order for Mental Health Services 55.17
Mental Health Services Not Ordered 55.31
Unfitness to Proceed Determination 55.32
Hearing on Issue of Fitness to Proceed 55.33
Proceedings Following Finding of Unfitness to Proceed 55.34
Transportation to and from Facility 55.35
Information Required to Be Sent to Facility or Alternative Setting 55.36
Report that Child Is Fit to Proceed 55.37
Report that Child Is Unfit to Proceed as a Result of Mental Illness 55.40
Report that Child Is Unfit to Proceed as a Result of Intellectual Disability 55.43
Restoration Hearing 55.45
Standards of Care 55.51
Lack of Responsibility for Conduct Determination 55.52
Proceedings Following Finding of Lack of Responsibility for Conduct 55.53
Transportation to and from Facility 55.54
Information Required to Be Sent to Facility or Alternative Setting 55.55
Report that Child Does Not Have Mental Illness or Intellectual Disability 55.56
Report that Child Has Mental Illness 55.59
Report that Child Has Intellectual Disability 55.65
Proceedings in Juvenile Court for Child with Mental Illness 55.66
Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Mental Illness 55.67
Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Intellectual Disability 55.68
Referral for Proceedings for Child with Mental Illness or Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Mental Illness or Intellectual Disability
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Accessed:
May 4, 2024

§ 55.11’s source at texas​.gov