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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. 55.43. RESTORATION HEARING
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(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 mental retardation; and
(2) the child:
(A) is not:
(i) ordered by a court to receive inpatient mental health services;
(ii) committed by a court to a residential care facility; or
(iii) ordered by a court to receive treatment 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.