Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If the juvenile court determines that evidence exists to support a finding that a child is unfit to proceed as a result of mental illness or an intellectual disability, the court shall set the case for a hearing on that issue.
(b) The issue of whether the child is unfit to proceed as a result of mental illness or an intellectual disability shall be determined at a hearing separate from any other hearing.
(c) The court shall determine the issue of whether the child is unfit to proceed unless the child or the attorney for the child demands a jury before the 10th day before the date of the hearing.
(d) Unfitness to proceed as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence.
(e) If the court or jury determines that the child is fit to proceed, the juvenile court shall continue with proceedings under this title as though no question of fitness to proceed had been raised.
(f) If the court or jury determines that the child is unfit to proceed as a result of mental illness or an intellectual disability, the court shall:
(1) stay the juvenile court proceedings for as long as that incapacity endures; and
(2) proceed under Section 55.33.
(g) The fact that the child is unfit to proceed as a result of mental illness or an intellectual disability does not preclude any legal objection to the juvenile court proceedings which is susceptible of fair determination prior to the adjudication hearing and without the personal participation of the child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31, 1995. Redesignated from Family Code Sec. 55.04(c) to (f) and (h) and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.007, eff. April 2, 2015.
Structure Texas Statutes
Title 3 - Juvenile Justice Code
Chapter 55 - Proceedings Concerning Children With Mental Illness or Intellectual Disability
Subchapter C. Child Unfit to Proceed as a Result of Mental Illness or Intellectual Disability
Section 55.31. Unfitness to Proceed Determination; Examination
Section 55.32. Hearing on Issue of Fitness to Proceed
Section 55.33. Proceedings Following Finding of Unfitness to Proceed
Section 55.34. Transportation to and From Facility
Section 55.35. Information Required to Be Sent to Facility; Report to Court
Section 55.36. Report That Child Is Fit to Proceed; Hearing on Objection
Section 55.38. Commitment Proceedings in Juvenile Court for Mental Illness
Section 55.39. Referral for Commitment Proceedings for Mental Illness
Section 55.40. Report That Child Is Unfit to Proceed as a Result of Intellectual Disability
Section 55.41. Commitment Proceedings in Juvenile Court for Children With Intellectual Disability
Section 55.42. Referral for Commitment Proceedings for Children With Intellectual Disability
Section 55.43. Restoration Hearing
Section 55.44. Transfer to Criminal Court on 18th Birthday of Child
Section 55.45. Standards of Care; Notice of Release or Furlough