Texas Family Code - Section 55.55. Report That Child Is Not Mentally Ill Or Mentally Retarded; Hearing On Objection
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 55.55. Report That Child Is Not Mentally Ill Or Mentally Retarded; Hearing On Objection
§ 55.55. REPORT THAT CHILD IS NOT MENTALLY ILL OR MENTALLY
RETARDED; HEARING ON OBJECTION. (a) If a report submitted under
Section 55.54(b) states that a child does not have a mental illness
or mental retardation, 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 Section
53.045(a) and a petition was approved by a grand jury under Section
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 Section 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 has a mental illness or mental
retardation and whether the child meets the commitment criteria for
civil commitment under Subtitle C or D, Title 7, Health and Safety
Code.
(c) At the hearing, the burden is on the state to prove by
clear and convincing evidence that the child has a mental illness or
mental retardation and that the child meets the commitment criteria
for civil commitment under Subtitle C or D, Title 7, Health and
Safety Code.
(d) If, after a hearing, the court finds that the child does
not have a mental illness or mental retardation and that the child
does not meet the commitment criteria under Subtitle C or D, Title
7, Health and Safety Code, the court shall discharge the child.
(e) If, after a hearing, the court finds that the child has a
mental illness or mental retardation and that the child meets the
commitment criteria under Subtitle C or D, Title 7, Health and
Safety Code, the court shall issue an appropriate commitment order.
Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1,
1999.
Section: 55.43 55.44 55.45 55.51 55.52 55.53 55.54 55.55 55.56 55.57 55.58 55.59 55.60 55.61 56.01
Last modified: August 11, 2007
|
