Sec. 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(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(a) and a petition was approved by a grand jury under Section 53.045; 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(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 has a mental illness or an intellectual disability and whether the child meets the commitment criteria for civil commitment under Subtitle C or D, Title 7, Health and Safety Code.
(c) At the hearing, the burden is on the state to prove by clear and convincing evidence that the child has a mental illness or an intellectual disability and that the child meets the commitment criteria for civil commitment under Subtitle C or D, Title 7, Health and Safety Code.
(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 commitment criteria under Subtitle C or D, Title 7, Health and Safety Code, 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 commitment criteria under Subtitle C or D, Title 7, Health and Safety Code, the court shall issue an appropriate commitment order.
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.
Structure Texas Statutes
Title 3 - Juvenile Justice Code
Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability
Section 55.51. Lack of Responsibility for Conduct Determination; Examination
Section 55.52. Proceedings Following Finding of Lack of Responsibility for Conduct
Section 55.53. Transportation to and From Facility
Section 55.54. Information Required to Be Sent to Facility; Report to Court
Section 55.56. Report That Child Has Mental Illness; Initiation of Commitment Proceedings
Section 55.57. Commitment Proceedings in Juvenile Court for Mental Illness
Section 55.58. Referral for Commitment Proceedings for Mental Illness
Section 55.59. Report That Child Has Intellectual Disability; Initiation of Commitment Proceedings
Section 55.60. Commitment Proceedings in Juvenile Court for Children With Intellectual Disability
Section 55.61. Referral for Commitment Proceedings for Children With Intellectual Disability