Texas Family Code - Section 55.40. Report That Child Is Unfit To Proceed As A Result Of Mental Retardation
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§ 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT
OF MENTAL RETARDATION. If a report submitted under Section
55.35(b) states that a child is unfit to proceed as a result of
mental retardation and that the child meets the commitment criteria
for civil commitment under Subtitle D, Title 7, Health and Safety
Code, the director of the residential care facility shall submit to
the court an affidavit stating the conclusions reached as a result
of the diagnosis. On receipt of the affidavit, the court shall:
(1) initiate proceedings as provided by Section 55.41
in the juvenile court for commitment of the child under Subtitle D,
Title 7, Health and Safety Code; or
(2) refer the child's case as provided by Section 55.42
to the appropriate court for the initiation of proceedings in that
court for commitment of the child under Subtitle D, Title 7, Health
and Safety Code.
Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1,
1999.
Section: 55.33 55.34 55.35 55.36 55.37 55.38 55.39 55.40 55.41 55.42 55.43 55.44 55.45 55.51 55.52
Last modified: August 11, 2007
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