Tex.
Fam. Code 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 (Forensic Mental Examination). 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 (Criteria for Court-ordered Mental Health Services for Child) 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 (Forensic Mental Examination), the court shall:(1)
proceed under Section 55.12 (Initiation of Proceedings for Court-ordered Mental Health Services) 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 (Criteria for Court-ordered Mental Health Services for Child); 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 (Criteria for Court-ordered Mental Health Services for Child).
Source:
Section 55.11 — Mental Illness Determination; Examination, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.55.htm#55.11
(accessed May 4, 2024).