Texas Family Code - Section 55.36. Report That Child Is Fit To Proceed; Hearing On Objection
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 55.36. Report That Child Is Fit To Proceed; Hearing On Objection
§ 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
OBJECTION. (a) If a report submitted under Section 55.35(b) states
that a child is fit to proceed, the juvenile court shall find that
the child is fit to proceed unless the child's attorney objects in
writing or in open court not later than the second day after the
date the attorney receives a copy of the report under Section
55.35(c).
(b) On objection by the child's attorney under Subsection
(a), the juvenile court shall promptly hold a hearing to determine
whether the child is fit to proceed, except that the hearing may be
held after the date that the placement order issued under Section
55.33(a) expires. At the hearing, the court shall determine the
issue of the fitness of the child to proceed unless the child or the
child's attorney demands in writing a jury before the 10th day
before the date of the hearing.
(c) If, after a hearing, the court or jury finds that the
child is fit to proceed, the court shall dissolve the stay and
continue the juvenile court proceedings as though a question of
fitness to proceed had not been raised.
(d) If, after a hearing, the court or jury finds that the
child is unfit to proceed, the court shall proceed under Section
55.37.
Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1,
1999.
Section: 55.18 55.19 55.31 55.32 55.33 55.34 55.35 55.36 55.37 55.38 55.39 55.40 55.41 55.42 55.43
Last modified: August 11, 2007
|
