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Does anyone have experience with civil commitment proceedings against juveniles who are unfit to proceed due to mental retardation? Has anyone ever done this in a juvenile court that has maintained jurisdiction? Does anyone have a sample motion and order to commit a mentally retarded juvenile to a public facility or to order out-patient services?
 
Posts: 30 | Location: Galveston, TX | Registered: March 28, 2003Reply With QuoteReport This Post
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First, if there is a (cooperative) parent or guardian, they can admit the child.

Second, if the basis of the commitment is MR, it is slightly more complicated as ordinarily a 593 Determination of Mental Retardation is necessary.

Third, if the basis of a Chapt. 55 proceeding is MR, then Chapt. 55 specifically references the rules of the H&S Code -- which is in Chapt. 593, look at .005 and .052 (off the top of my head, that's close for a DMR and hearing).

Fourth, two medical certificates are necessary, though one may, in this instance, be executed by a psychologist (unlike 594 proceedings for mental illness).

I have an Order to Obtain Medical Certificates, and a Order of Commitment, and a checklist which are close, but not exactly on point, as they are for 46B.103 hearings (incompetent, MR and civilly committed).

Finally, I won't be in the office tomorrow but call me or email me back channel and I'll try to respond.
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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