(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 § 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 § 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).

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Terms Used In Texas Family Code 55.11

  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(c) After considering all relevant information, including information obtained from an examination under § 55.04, the court shall:
(1) proceed under § 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 § 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 § 55.05.