Tex. Fam. Code Section 55.45
Standards of Care; Notice of Release or Furlough

(a)

If the juvenile court or a court to which the child’s case is referred under Section 55.37 (Report that Child Is Unfit to Proceed as a Result of Mental Illness; Initiation of Proceedings for Court-ordered Mental Health Services)(2) orders mental health services for the child, the child shall be cared for, treated, and released in accordance with Subtitle C, Title 7, Health and Safety Code, except that the administrator of a mental health facility shall notify, in writing, by certified mail, return receipt requested, the juvenile court that ordered mental health services or that referred the case to a court that ordered mental health services of the intent to discharge the child on or before the 10th day before the date of discharge.

(b)

If the juvenile court or a court to which the child’s case is referred under Section 55.40 (Report that Child Is Unfit to Proceed as a Result of Intellectual Disability)(2) orders the intellectual disability services for the child to be provided at a residential care facility, the child shall be cared for, treated, and released in accordance with Subtitle D, Title 7, Health and Safety Code, except that the administrator of the residential care facility shall notify, in writing, by certified mail, return receipt requested, the juvenile court that ordered intellectual disability services for the child or that referred the case to a court that ordered intellectual disability services for the child of the intent to discharge or furlough the child on or before the 20th day before the date of discharge or furlough.

(c)

If the referred child, as described in Subsection (b), is alleged to have committed an offense listed in Article 42A.054 (Limitation on Judge-ordered Community Supervision), Code of Criminal Procedure, the administrator of the residential care facility shall apply, in writing, by certified mail, return receipt requested, to the juvenile court that ordered services for the child or that referred the case to a court that ordered services for the child and show good cause for any release of the child from the facility for more than 48 hours. Notice of this request must be provided to the prosecuting attorney responsible for the case. The prosecuting attorney, the juvenile, or the administrator may apply for a hearing on this application. If no one applies for a hearing, the trial court shall resolve the application on the written submission. The rules of evidence do not apply to this hearing. An appeal of the trial court’s ruling on the application is not allowed. The release of a child described in this subsection without the express approval of the trial court is punishable by contempt.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 31, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 15, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.34, eff. January 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 12, eff. September 1, 2023.

Source: Section 55.45 — Standards of Care; Notice of Release or Furlough, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­45 (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

§ 55.45’s source at texas​.gov