Sec. 55.43. RESTORATION HEARING. (a) The prosecuting attorney may file with the juvenile court a motion for a restoration hearing concerning a child if:
(1) the child is found unfit to proceed as a result of mental illness or an intellectual disability; and
(2) the child:
(A) is not:
(i) ordered by a court to receive inpatient mental health or intellectual disability services;
(ii) committed by a court to a residential care facility; or
(iii) ordered by a court to receive treatment or services on an outpatient basis; or
(B) is discharged or currently on furlough from a mental health facility or outpatient center before the child reaches 18 years of age.
(b) At the restoration hearing, the court shall determine the issue of whether the child is fit to proceed.
(c) The restoration hearing shall be conducted without a jury.
(d) The issue of fitness to proceed must be proved by a preponderance of the evidence.
(e) If, after a hearing, the court finds that the child is fit to proceed, the court shall continue the juvenile court proceedings.
(f) If, after a hearing, the court finds that the child is unfit to proceed, the court shall dismiss the motion for restoration.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 13, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.015, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 4, eff. September 1, 2021.
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