Texas Family Code - Section 55.31. Unfitness To Proceed Determination; Examination
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§ 55.31. UNFITNESS TO PROCEED DETERMINATION;
EXAMINATION. (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.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 47, eff. May 31,
1995. Redesignated from V.T.C.A., Family Code § 55.04(a) and
(b) and amended by Acts 1999, 76th Leg., ch. 1477, § 14, eff.
Sept. 1, 1999.
Section: 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.31 55.32 55.33 55.34 55.35 55.36 55.37 55.38
Last modified: August 10, 2007
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