Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 55.11 - Mental Illness Determination; Examination(a) On a motion by a party, the juvenile court shall determine whether probable cause exists to believe that a child who is alleged by petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision has a mental illness. In making its determination, the court may: (1) consider the motion, supporting documents, professional statements of counsel, and witness testimony; and(2) make its own observation of the child.(b) If the court determines that probable cause exists to believe that the child is a child with mental illness, the court shall temporarily stay the juvenile court proceedings and immediately order the child to be examined under Section 55.04 . The information obtained from the examination must include expert opinion as to: (1) whether the child is a child with mental illness; (2) whether the child meets the criteria for court-ordered mental health services under Section 55.05 for: (A) temporary inpatient mental health services; (B) temporary outpatient mental health services; (C) extended inpatient mental health services; or (D) extended outpatient mental health services; and (3) if applicable, the specific criteria the child meets under Subdivision (2) . (c) After considering all relevant information, including information obtained from an examination under Section 55.04 , the court shall: (1) proceed under Section 55.12 if the court determines that evidence exists to support a finding that the child is a child with mental illness and that the child meets the criteria for court-ordered mental health services under Section 55.05 ; or (2) dissolve the stay and continue the juvenile court proceedings if the court determines that evidence does not exist to support a finding that the child is a child with mental illness or that the child meets the criteria for court-ordered mental health services under Section 55.05 . Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1166,Sec. 4, eff. 9/1/2023.Suchapter heading amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1166,Sec. 3, eff. 9/1/2023.Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. 9/1/1999.