Texas § 55.55 REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION.

Texas Statutes

§ 55.55 — REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION.

Texas § 55.55

Code FAFamily Code

This text of Texas § 55.55 (REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Family Code Code Ann. § 55.55 (2026).

Text

Sec. 55.55. REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION.

(a)If a report submitted under Section 55.54 (b) states that a child does not have a mental illness or an intellectual disability, 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

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Sec. 55.55. REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION. (a) If a report submitted under Section 55.54 (b) states that a child does not have a mental illness or an intellectual disability, 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 is a child with mental illness or an intellectual disability and whether the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06 .
(c) At the hearing, the burden is on the state to prove by clear and convincing evidence that the child is a child with mental illness or an intellectual disability and that the child meets the criteria for court-ordered mental health services or court-ordered intellectual disability services under Section 55.05 or 55.06 .
(d) If, after a hearing, the court finds that the child does not have a mental illness or an intellectual disability and that the child does not meet the criteria for court-ordered treatment services under Section 55.05 or 55.06 , the court shall discharge the child.
(e) If, after a hearing, the court finds that the child has a mental illness or an intellectual disability and that the child meets the criteria for court-ordered treatment services under Section 55.05 or 55.06 , the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services.

Legislative History

Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 1.021, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585 ), Sec. 15, eff. September 1, 2023.