 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
FAMILY CODE |
|
Title 3. JUVENILE JUSTICE CODE |
|
Chapter 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION |
|
Subchapter C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION |
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 mental retardation, 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 mental retardation 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 mental retardation 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 mental retardation, 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 mental retardation 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.