Tex. Fam. Code 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 (Information Required to Be Sent to Facility or Alternative Setting; Report to Court)(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 (Offenses Eligible for Determinate Sentence)(a) and a petition was approved by a grand jury under Section 53.045 (Offenses Eligible for Determinate Sentence); 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 (Information Required to Be Sent to Facility or Alternative Setting; Report to Court)(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 (Criteria for Court-ordered Mental Health Services for Child) or 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child).

(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 (Criteria for Court-ordered Mental Health Services for Child) or 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child).

(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 (Criteria for Court-ordered Mental Health Services for Child) or 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child), 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 (Criteria for Court-ordered Mental Health Services for Child) or 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child), the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services.
Added 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. 1.021, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 15, eff. September 1, 2023.

Source: Section 55.55 — Report that Child Does Not Have Mental Illness or Intellectual Disability; Hearing on Objection, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­55 (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

§ 55.55’s source at texas​.gov