Texas Family Code - Section 55.32. Hearing On Issue Of Fitness To Proceed
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§ 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.
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(c) to (f)
and (h) and amended by Acts 1999, 76th Leg., ch. 1477, § 14, eff.
Sept. 1, 1999.
Section: 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 55.39
Last modified: August 11, 2007
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