Tex. Fam. Code § 55.35 · Subchapter C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITY
INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the juvenile court issues an order under Section 55.33(a), the court shall order the probation department to send copies of any information in the possession of the department and relevant to the issue of the child's mental illness or intellectual disability to the public or private facility or outpatient alternative setting, as appropriate.
(b) Not later than the 75th day after the date the court issues an order under Section 55.33(a), the public or private facility or outpatient alternative setting, as appropriate, shall submit to the court a report that:
(1) describes the treatment or services provided to the child by the facility or alternative setting; and
(2) states the opinion of the director of the facility or alternative setting as to whether the child is fit or unfit to proceed.
(c) If the report under Subsection (b) states that the child is unfit to proceed, the report must also include an opinion and the reasons for that opinion as to 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.
(d) The report of an outpatient alternative setting collaborating with a juvenile probation department to provide restoration classes must include any information provided by the juvenile probation department regarding the child's assessment at the conclusion of the restoration classes.
(e) The court shall provide a copy of the report submitted under Subsection (b) to the prosecuting attorney and the attorney for the child.
Notes and commentary — not statutory text
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. 1.009, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 3, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 7, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.55.htm
- Text hash
- sha256 e0f639173195ec0473fd9b2e084e21b4394bb38bcc44fbd9bf7740c2aedd8c19
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
- Tex. Fam. Code § 55.05CRITERIA FOR COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.06CRITERIA FOR COURT-ORDERED RESIDENTIAL INTELLECTUAL DISABILITY SERVICES FOR CHILD.Printed as Section 55.05 or 55.06
- Tex. Fam. Code § 55.33PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO PROCEED.Printed as Section 55.33(a)
Cited by 3 provisions
Provisions in this library whose text cites Tex. Fam. Code § 55.35. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 55.36REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON OBJECTION.Printed as Section 55.35(b) | Section 55.35(c)
- Tex. Fam. Code § 55.37REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS; INITIATION OF PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES.Printed as Section 55.35(b)
- Tex. Fam. Code § 55.40REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF INTELLECTUAL DISABILITY.Printed as Section 55.35(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.