Texas Statutes
Subchapter C. Child Unfit to Proceed as a Result of Mental Illness or Intellectual Disability
Section 55.42. Referral for Commitment Proceedings for Children With Intellectual Disability

Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR CHILDREN WITH INTELLECTUAL DISABILITY. (a) If the juvenile court refers the child's case to an appropriate court for the initiation of commitment proceedings under Section 55.40(2), the juvenile court shall:
(1) send all papers relating to the child's intellectual disability to the clerk of the court to which the case is referred;
(2) send to the office of the appropriate county attorney or, if a county attorney is not available, to the office of the appropriate district attorney, copies of all papers sent to the clerk of the court under Subdivision (1); and
(3) if the child is in detention:
(A) order the child released from detention to the child's home or another appropriate place;
(B) order the child detained in an appropriate place other than a juvenile detention facility; or
(C) if an appropriate place to release or detain the child as described by Paragraph (A) or (B) is not available, order the child to remain in the juvenile detention facility subject to further detention orders of the court.
(b) The papers sent to a court under Subsection (a)(1) constitute an application for placement under Section 593.041, 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. 1.013, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.014, eff. April 2, 2015.

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