Texas Family Code 55.55 – Report That Child Does Not Have Mental Illness or Intellectual Disability; Hearing On Objection
(a) If a report submitted under § 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 § 53.045(a) and a petition was approved by a grand jury under § 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 § 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 is a child with mental illness or an intellectual disability and whether the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under § 55.05 or 55.06.
Terms Used In Texas Family Code 55.55
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
(c) At the hearing, the burden is on the state to prove by clear and convincing evidence that the child is a child with mental illness or an intellectual disability and that the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under § 55.05 or 55.06.
(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 criteria for court-ordered treatment services under § 55.05 or 55.06, 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 criteria for court-ordered treatment services under § 55.05 or 55.06, the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services.