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Texas statute

Tex. Fam. Code § 55.40 — Report that child is unfit to proceed as a result of intellectual disability

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 55: PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY, Texas Family Code.

Full text of Tex. Fam. Code § 55.40

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Fam. Code § 55.40Primary source, current through the 89th Legislature, 2nd Called 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.

Official sources

This reference is informational and is not legal advice.