Texas Family Code - Section 55.43. Restoration Hearing
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§ 55.43. RESTORATION HEARING. (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 furloughed 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.
Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1,
1999.
Section: 55.36 55.37 55.38 55.39 55.40 55.41 55.42 55.43 55.44 55.45 55.51 55.52 55.53 55.54 55.55
Last modified: August 11, 2007
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