Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR CHILDREN WITH INTELLECTUAL DISABILITY. (a) If the juvenile court initiates commitment proceedings under Section 55.40(1), the prosecuting attorney may file with the juvenile court an application for placement under Section 593.041, Health and Safety Code. The juvenile court shall:
(1) set a date for a hearing and provide notice as required by Sections 593.047 and 593.048, 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 Subsection (a)(2), the juvenile court may order commitment of the child to a residential care facility if the commitment criteria under Section 593.052, Health and Safety Code, are satisfied.
(c) On receipt of the court's order, the Department of Aging and Disability Services or the appropriate community center shall admit the child to a residential care facility.
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. 1.011, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.012, 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