Texas Family Code 55.32 – Hearing On Issue of Fitness to Proceed
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(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 an intellectual disability, 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 an intellectual disability shall be determined at a hearing separate from any other hearing.
Terms Used In Texas Family Code 55.32
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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 an intellectual disability 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 an intellectual disability, the court shall:
(1) stay the juvenile court proceedings for as long as that incapacity endures; and
(2) proceed under § 55.33.
(g) The fact that the child is unfit to proceed as a result of mental illness or an intellectual disability 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.