Texas statute

Tex. Fam. Code § 55.32 — Hearing on issue of fitness to proceed

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 55: PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY, Texas Family Code.

Full text of Tex. Fam. Code § 55.32

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Fam. Code § 55.32Primary source, current through the 89th Legislature, 2nd Called Session (2025)

(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. (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 Section 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.

Official sources

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