Sec. 65.065. CHILD ALLEGED TO BE MENTALLY ILL. (a) A party may make a motion requesting that a petition alleging a child to have engaged in truant conduct be dismissed because the child has a mental illness, as defined by Section 571.003, Health and Safety Code. In response to the motion, the truancy court shall temporarily stay the proceedings to determine whether probable cause exists to believe the child has a mental illness. In making a determination, the court may:
(1) consider the motion, supporting documents, professional statements of counsel, and witness testimony; and
(2) observe the child.
(b) If the court determines that probable cause exists to believe that the child has a mental illness, the court shall dismiss the petition. If the court determines that evidence does not exist to support a finding that the child has a mental illness, the court shall dissolve the stay and continue with the truancy court proceedings.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Structure Texas Statutes
Title 3A - Truancy Court Proceedings
Chapter 65 - Truancy Court Proceedings
Subchapter B. Initial Procedures
Section 65.051. Initial Referral to Truancy Court
Section 65.052. Truant Conduct Prosecutor
Section 65.053. Review by Prosecutor
Section 65.054. State's Petition
Section 65.055. Limitations Period
Section 65.058. Service of Summons
Section 65.059. Representation by Attorney
Section 65.060. Child's Answer
Section 65.061. Guardian Ad Litem
Section 65.062. Attendance at Hearing
Section 65.063. Right to Reemployment