Texas Family Code
§ 55.32 — HEARING ON ISSUE OF FITNESS TO PROCEED
FA § 55.32Title 3. JUVENILE JUSTICE CODE · Ch. 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY · Art. C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITY
Statute text
View on source(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:
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.007, eff. April 2, 2015.