I have had a couple cases recently where the judge has found the child unfit to proceed under 55.32. However, under 55.33, the child does NOT meet the commitment criteria under Subtitle C or D (I've had one of each), Title 7, Health and Safety Code.
It seems to me under (a)(2), the mentally ill child could be treated in an alternative setting, however, after searching, none can be located in our area.
For the child who is unfit because of mental retardation, there is nothing in the statute that allows for an "outpatient" treatment.
So if they are unfit to proceed, and do not meet the commitment criteria, how can we get them treatment to try to get them fit to proceed?
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