Texas Family Code

§ 55.11 — MENTAL ILLNESS DETERMINATION; EXAMINATION

FA § 55.11Title 3. JUVENILE JUSTICE CODE · Ch. 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY · Art. B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH MENTAL ILLNESS

Statute text

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(a)On a motion by a party, the juvenile court shall determine whether probable cause exists to believe that a child who is alleged by petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision has a mental illness. In making its determination, the court may:

(1)consider the motion, supporting documents, professional statements of counsel, and witness testimony; and

(2)make its own observation of the child.

(b)If the court determines that probable cause exists to believe that the child is a child with mental illness, the court shall temporarily stay the juvenile court proceedings and immediately order the child to be examined under Section 55.04. The information obtained from the examination must include expert opinion as to:

(1)whether the child is a child with mental illness;

(2)whether the child meets the criteria for court-ordered mental health services under Section 55.05 for:

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 4, eff. September 1, 2023.