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Terms Used In Texas Family Code 55.06

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

A child may not be court-ordered to receive services at a residential care facility unless:
(1) the child is a child with an intellectual disability;
(2) evidence is presented showing that because of the child’s intellectual disability, the child:
(A) represents a substantial risk of physical impairment or injury to the child or others; or
(B) is unable to provide for and is not providing for the child’s most basic personal physical needs;
(3) the child cannot be adequately and appropriately habilitated in an available, less restrictive setting;
(4) the residential care facility provides habilitative services, care, training, and treatment appropriate to the child’s needs; and
(5) an interdisciplinary team recommends placement in the residential care facility.