Texas Family Code - Section 55.11. Mental Illness Determination; Examination
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 55.11. Mental Illness Determination; Examination
§ 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION. (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 has a mental illness, the court shall
temporarily stay the juvenile court proceedings and immediately
order the child to be examined under Section 51.20. The information
obtained from the examination must include expert opinion as to
whether the child has a mental illness and whether the child meets
the commitment criteria under Subtitle C, Title 7, Health and
Safety Code. If ordered by the court, the information must also
include expert opinion as to whether the child is unfit to proceed
with the juvenile court proceedings.
(c) After considering all relevant information, including
information obtained from an examination under Section 51.20, the
court shall:
(1) if the court determines that evidence exists to
support a finding that the child has a mental illness and that the
child meets the commitment criteria under Subtitle C, Title 7,
Health and Safety Code, proceed under Section 55.12; or
(2) if the court determines that evidence does not
exist to support a finding that the child has a mental illness or
that the child meets the commitment criteria under Subtitle C,
Title 7, Health and Safety Code, dissolve the stay and continue the
juvenile court proceedings.
Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1,
1999.
Section: 54.08 54.09 54.10 54.11 55.01 55.02 55.03 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18
Last modified: August 11, 2007
|
