Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF INTELLECTUAL DISABILITY. If a report submitted under Section 55.35(b) states that a child is unfit to proceed as a result of an intellectual disability and that the child meets the commitment criteria for civil commitment under Subtitle D, Title 7, Health and Safety Code, the director of the residential care facility shall submit to the court an affidavit stating the conclusions reached as a result of the diagnosis. On receipt of the affidavit, the court shall:
(1) initiate proceedings as provided by Section 55.41 in the juvenile court for commitment of the child under Subtitle D, Title 7, Health and Safety Code; or
(2) refer the child's case as provided by Section 55.42 to the appropriate court for the initiation of proceedings in that court for commitment of the child under Subtitle D, Title 7, Health and Safety Code.
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. 1.010, eff. April 2, 2015.
Structure Texas Statutes
Title 3 - Juvenile Justice Code
Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability
Subchapter C. Child Unfit to Proceed as a Result of Mental Illness or Intellectual Disability
Section 55.31. Unfitness to Proceed Determination; Examination
Section 55.32. Hearing on Issue of Fitness to Proceed
Section 55.33. Proceedings Following Finding of Unfitness to Proceed
Section 55.34. Transportation to and From Facility
Section 55.35. Information Required to Be Sent to Facility; Report to Court
Section 55.36. Report That Child Is Fit to Proceed; Hearing on Objection
Section 55.38. Commitment Proceedings in Juvenile Court for Mental Illness
Section 55.39. Referral for Commitment Proceedings for Mental Illness
Section 55.40. Report That Child Is Unfit to Proceed as a Result of Intellectual Disability
Section 55.41. Commitment Proceedings in Juvenile Court for Children With Intellectual Disability
Section 55.42. Referral for Commitment Proceedings for Children With Intellectual Disability
Section 55.43. Restoration Hearing
Section 55.44. Transfer to Criminal Court on 18th Birthday of Child
Section 55.45. Standards of Care; Notice of Release or Furlough