Texas Family Code

§ 35A.005 — ORDER FOR TEMPORARY AUTHORIZATION

FA § 35A.005Title 2. CHILD IN RELATION TO THE FAMILY · Part A. LIMITATIONS OF MINORITY · Ch. 35A. TEMPORARY AUTHORIZATION FOR INPATIENT MENTAL HEALTH SERVICES FOR MINOR CHILD

Statute text

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(a)At the hearing on the petition, the court may hear evidence relating to the child's need for inpatient mental health services by the petitioner, any other matter raised in the petition, and any objection or other testimony of the child's parent, conservator, or guardian.

(b)The court shall dismiss the petition for temporary authorization if an objection is made by the child's parent, conservator, or guardian.

(c)The court shall grant the petition for temporary authorization only if the court finds:

(1)by a preponderance of the evidence that the child does not have available a parent, conservator, guardian, or other legal representative to give consent under Section 572.001, Health and Safety Code, for voluntary inpatient mental health services; and

(2)by clear and convincing evidence that the child is a person:

(A)with mental illness or who demonstrates symptoms of a serious emotional disorder; and

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Legislative history

Added by Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2019.