Texas § FA.55.67 - PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONS

§ FA.55.67. PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONS

PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO INTELLECTUAL DISABILITY. (a) If the juvenile court initiates proceedings under Section 55.40 (1) or 55.59 (1), the prosecuting attorney may file with the juvenile court an application for an interdisciplinary team report and recommendation that the child is in need of long-term placement in a residential care facility, under Section 593.041 , Health and Safety Code. The juvenile court shall: (1) set a date for a hearing and provide notice as required by Sections 593.047 and 593.048 , Health and Safety Code; and (2) conduct the hearing in accordance with Sections 593.049-593.056, Health and Safety Code. (b) After conducting a hearing under this section and with consideration given to the least restrictive appropriate setting for services for the child and to the parent's, managing conservator's, or guardian's availability and willingness to participate in the services for the child, the juvenile court may order residential intellectual disability services for the child if the criteria under Section 55.06 are satisfied. (c) On receipt of the court's order, the Health and Human Services Commission shall identify a residential care facility and admit the child to the identified facility. (d) 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. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 30, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 1.012, eff. April 2, 2015. Transferred, redesignated and amended from Family Code, Section 55.41 by Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585 ), Sec. 20, eff. September 1, 2023.