Tex. Fam. Code § 55.40 · Subchapter C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITY
REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF INTELLECTUAL DISABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
If a report submitted under Section 55.35(b) states that a child is unfit to proceed as a result of an intellectual disability and that the child meets the criteria for court-ordered residential intellectual disability services under Section 55.06, the director of the residential care facility or alternative setting shall submit to the court an affidavit stating the conclusions reached as a result of the diagnosis. On receipt of the affidavit, the court shall:
(1) initiate proceedings as provided by Section 55.67 in the juvenile court for court-ordered residential intellectual disability services for the child under Subtitle D, Title 7, Health and Safety Code; or
(2) refer the child's case as provided by Section 55.68 to the appropriate court for the initiation of proceedings in that court for court-ordered residential intellectual disability services for the child under Subtitle D, Title 7, Health and Safety Code.
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. 1.010, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 9, 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 9d1297547023a4445686e230c6be461ea5b0e967c9486fcad4db22bb84b8d75f
- 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 § 55.06CRITERIA FOR COURT-ORDERED RESIDENTIAL INTELLECTUAL DISABILITY SERVICES FOR CHILD.Printed as Section 55.06
- Tex. Fam. Code § 55.35INFORMATION REQUIRED TO BE SENT TO FACILITY OR ALTERNATIVE SETTING; REPORT TO COURT.Printed as Section 55.35(b)
- Tex. Fam. Code § 55.67PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO INTELLECTUAL DISABILITY.Printed as Section 55.67
- Tex. Fam. Code § 55.68REFERRAL FOR PROCEEDINGS FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR INTELLECTUAL DISABILITY.Printed as Section 55.68
Cited by 4 provisions
Provisions in this library whose text cites Tex. Fam. Code § 55.40. 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 55.37 or 55.40
- Tex. Fam. Code § 55.45STANDARDS OF CARE; NOTICE OF RELEASE OR FURLOUGH.Printed as Section 55.40(2)
- Tex. Fam. Code § 55.67PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO INTELLECTUAL DISABILITY.Printed as Section 55.40(1) or 55.59(1)
- Tex. Fam. Code § 55.68REFERRAL FOR PROCEEDINGS FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR INTELLECTUAL DISABILITY.Printed as Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2)
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.