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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 3. JUVENILE JUSTICE CODE |
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Chapter 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION |
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Subchapter C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION |
Sec. 55.31. UNFITNESS TO PROCEED DETERMINATION; EXAMINATION
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(a) A child alleged by petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision who as a result of mental illness or mental retardation lacks capacity to understand the proceedings in juvenile court or to assist in the child's own defense is unfit to proceed and shall not be subjected to discretionary transfer to criminal court, adjudication, disposition, or modification of disposition as long as such incapacity endures.
(b) On a motion by a party, the juvenile court shall determine whether probable cause exists to believe that a child who is alleged by petition or who is found to have engaged in delinquent conduct or conduct indicating a need for supervision is unfit to proceed as a result of mental illness or mental retardation. In making its determination, the court may:
(1) consider the motion, supporting documents, professional statements of counsel, and witness testimony; and
(2) make its own observation of the child.
(c) If the court determines that probable cause exists to believe that the child is unfit to proceed, the court shall temporarily stay the juvenile court proceedings and immediately order the child to be examined under Section 51.20. The information obtained from the examination must include expert opinion as to whether the child is unfit to proceed as a result of mental illness or mental retardation.
(d) After considering all relevant information, including information obtained from an examination under Section 51.20, the court shall:
(1) if the court determines that evidence exists to support a finding that the child is unfit to proceed, proceed under Section 55.32; or
(2) if the court determines that evidence does not exist to support a finding that the child is unfit to proceed, dissolve the stay and continue the juvenile court proceedings.