REFERRAL FOR PROCEEDINGS FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
Tex. FAM Code § 55.68.
in effect(a) If the juvenile court refers the child's case to an appropriate court for the initiation of proceedings for court-ordered treatment services under Section 55.12 (2), 55.37 (2), 55.40 (2), 55.56 (2), or 55.59 (2), the juvenile court shall:
(1) send to the clerk of the court to which the case is referred all papers, including evaluations, examination reports, court findings, orders, verdicts, judgments, and reports from facilities and alternative settings, relating to:
(A) the child's mental illness or intellectual disability;
(B) the child's unfitness to proceed, if applicable; and
(C) the finding that the child was not responsible for the child's conduct, if applicable; and
(2) send to the office of the appropriate county attorney or, if a county attorney is not available, to the office of the appropriate district attorney, copies of all papers sent to the clerk of the court under Subdivision (1).
(b) The papers sent to the clerk of a court under Subsection (a)(1) constitute an application for court-ordered mental health services under Section 574.001 , Health and Safety Code, or an application for placement under Section 593.041 , Health and Safety Code, as applicable.
(c) If the child is currently detained in a juvenile detention facility, the juvenile court shall:
(1) order the child released from detention to the child's home or another appropriate place;
(2) order the child detained or placed in an appropriate facility other than a juvenile detention facility; or
(3) conduct a detention hearing and, if the court makes findings under Section 54.01 to support further detention of the child, order the child to remain in the juvenile detention facility subject to further detention orders of the court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Transferred, redesignated and amended from Family Code, Section 55.14 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585 ), Sec. 19, eff. September 1, 2023.