Texas Family Code - Section 55.33. Proceedings Following Finding Of Unfitness To Proceed
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§ 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
PROCEED. (a) If the juvenile court or jury determines under
Section 55.32 that a child is unfit to proceed with the juvenile
court proceedings for delinquent conduct, the court shall:
(1) if the unfitness to proceed is a result of mental
illness or mental retardation:
(A) provided that the child meets the commitment
criteria under Subtitle C or D, Title 7, Health and Safety Code,
order the child placed with the Texas Department of Mental Health
and Mental Retardation for a period of not more than 90 days, which
order may not specify a shorter period, for placement in a facility
designated by the department; or
(B) on application by the child's parent,
guardian, or guardian ad litem, order the child placed in a private
psychiatric inpatient facility for a period of not more than 90
days, which order may not specify a shorter period, but only if the
placement is agreed to in writing by the administrator of the
facility; or
(2) if the unfitness to proceed is a result of mental
illness and the court determines that the child may be adequately
treated in an alternative setting, order the child to receive
treatment for mental illness on an outpatient basis for a period of
not more than 90 days, which order may not specify a shorter period.
(b) If the court orders a child placed in a private
psychiatric inpatient facility under Subsection (a)(1)(B), the
state or a political subdivision of the state may be ordered to pay
any costs associated with the child's placement, subject to an
express appropriation of funds for the purpose.
Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1,
1999.
Section: 55.15 55.16 55.17 55.18 55.19 55.31 55.32 55.33 55.34 55.35 55.36 55.37 55.38 55.39 55.40
Last modified: August 11, 2007
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