Section 55.40 - Report That Child Is Unfit To Proceed As A Result Of Intellectual Disability 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. Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1166,Sec. 9, eff. 9/1/2023.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 1.010, eff. 4/2/2015.Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. 9/1/1999.