Sec. 55.55.  REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS OR INTELLECTUAL DISABILITY;  HEARING ON OBJECTION.  (a)  If a report submitted under Section 55.54(b) states that a child does not have a mental illness or an intellectual disability, the juvenile court shall discharge the child unless:
(1)  an adjudication hearing was conducted concerning conduct that included a violation of a penal law listed in Section 53.045(a) and a petition was approved by a grand jury under Section 53.045; and
(2)  the prosecuting attorney objects in writing not later than the second day after the date the attorney receives a copy of the report under Section 55.54(c).
(b)  On objection by the prosecuting attorney under Subsection (a), the juvenile court shall hold a hearing without a jury to determine whether the child is a child with mental illness or an intellectual disability and 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.
(c)  At the hearing, the burden is on the state to prove by clear and convincing evidence that the child is a child with mental illness or an intellectual disability and that 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)  If, after a hearing, the court finds that the child does not have a mental illness or an intellectual disability and that the child does not meet the criteria for court-ordered treatment services under Section 55.05 or 55.06, the court shall discharge the child.
(e)  If, after a hearing, the court finds that the child has a mental illness or an intellectual disability and that the child meets the criteria for court-ordered treatment services under Section 55.05 or 55.06, the court shall issue an appropriate order for court-ordered mental health services or court-ordered intellectual disability services.
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. 1.021, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 15, eff. September 1, 2023.