{"data":{"id":"us-tx/tex.-family-code-55.55","jurisdiction":"us-tx","citation":"Tex. Family Code § 55.55","heading":"REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY; HEARING ON OBJECTION.","body":"(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:\n(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\n(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).\n(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.\n(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.\n(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.\n(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.\nAdded by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.\nAmended by:\nActs 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.021, eff. April 2, 2015.\nActs 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 15, eff. September 1, 2023.","path":["FAMILY CODE","TITLE 3. JUVENILE JUSTICE CODE","CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY","SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITY"],"source_url":"https://statutes.capitol.texas.gov/Docs/FA/htm/FA.55.htm#55.55","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:10Z","sha256":"d34ef6e917c6f2e66c700c98332734c4a1d13c5d3f6e5bb80e077b3bdbe8392b","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-family-code-55.54","next":"us-tx/tex.-family-code-55.56"},"notice":"GroundRules: Original legal text. Not legal advice."}