Tex. Fam. Code Section 55.67
Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Intellectual Disability

(a)

If the juvenile court initiates proceedings under Section 55.40 (Report that Child Is Unfit to Proceed as a Result of Intellectual Disability)(1) or 55.59 (Report that Child Has Intellectual Disability; Initiation of Proceedings for Court-ordered Residential Intellectual Disability Services)(1), the prosecuting attorney may file with the juvenile court an application for an interdisciplinary team report and recommendation that the child is in need of long-term placement in a residential care facility, under Section 593.041 (Application for Placement; Jurisdiction), Health and Safety Code. The juvenile court shall:

(1)

set a date for a hearing and provide notice as required by Sections 593.047 (Setting on Application) and 593.048 (Hearing Notice), Health and Safety Code; and

(2)

conduct the hearing in accordance with Sections 593.049-593.056, Health and Safety Code.

(b)

After conducting a hearing under this section and with consideration given to the least restrictive appropriate setting for services for the child and to the parent’s, managing conservator’s, or guardian’s availability and willingness to participate in the services for the child, the juvenile court may order residential intellectual disability services for the child if the criteria under Section 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child) are satisfied.

(c)

On receipt of the court’s order, the Health and Human Services Commission shall identify a residential care facility and admit the child to the identified facility.

(d)

If the child is currently detained in a juvenile detention facility, the juvenile court shall:

(1)

order the child released from detention to the child’s home or another appropriate place;

(2)

order the child detained or placed in an appropriate facility other than a juvenile detention facility; or

(3)

conduct a detention hearing and, if the court makes findings under Section 54.01 (Detention Hearing) to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 30, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.012, eff. April 2, 2015.
Transferred, redesignated and amended from Family Code, Section 55.41 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 20, eff. September 1, 2023.

Source: Section 55.67 — Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Intellectual Disability, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­67 (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

§ 55.67’s source at texas​.gov