On a party’s motion, the juvenile court must decide whether there is probable cause to believe a child has a mental illness; if so, it must pause the case and order an examination.
Sec. 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. 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 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, the court shall: (1) proceed under Section 55.12 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; 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. Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by: Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 4, eff. September 1, 2023.