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Texas Family Code - FAM § 55.40. Report That Child Is Unfit to Proceed as a Result of Intellectual Disability

Current as of January 01, 2024 | Updated by Findlaw Staff

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.  1

1 V.T.C.A., Health and Safety Code § 591.001 et seq.
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Cite this article: FindLaw.com - Texas Family Code - FAM § 55.40. Report That Child Is Unfit to Proceed as a Result of Intellectual Disability - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-55-40/

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