Tex.
Fam. Code Section 55.35
Information Required to Be Sent to Facility or Alternative Setting; Report to Court
(a)
If the juvenile court issues an order under Section 55.33 (Proceedings Following Finding of Unfitness to Proceed)(a), the court shall order the probation department to send copies of any information in the possession of the department and relevant to the issue of the child’s mental illness or intellectual disability to the public or private facility or outpatient alternative setting, as appropriate.(b)
Not later than the 75th day after the date the court issues an order under Section 55.33 (Proceedings Following Finding of Unfitness to Proceed)(a), the public or private facility or outpatient alternative setting, as appropriate, shall submit to the court a report that:(1)
describes the treatment or services provided to the child by the facility or alternative setting; and(2)
states the opinion of the director of the facility or alternative setting as to whether the child is fit or unfit to proceed.(c)
If the report under Subsection (b) states that the child is unfit to proceed, the report must also include an opinion and the reasons for that opinion as to whether the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 (Criteria for Court-ordered Mental Health Services for Child) or 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child).(d)
The report of an outpatient alternative setting collaborating with a juvenile probation department to provide restoration classes must include any information provided by the juvenile probation department regarding the child’s assessment at the conclusion of the restoration classes.(e)
The court shall provide a copy of the report submitted under Subsection (b) to the prosecuting attorney and the attorney for the child.
Source:
Section 55.35 — Information Required to Be Sent to Facility or Alternative Setting; Report to Court, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.55.htm#55.35 (accessed Jun. 5, 2024).
