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Texas Family Code - FAM § 55.43. Restoration Hearing

Current as of January 01, 2024 | Updated by Findlaw Staff

(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 an intellectual disability;  and

(2) the child:

(A) is not:

(i) ordered by a court to receive inpatient mental health or intellectual disability services;

(ii) ordered by a court to receive services at a residential care facility;  or

(iii) ordered by a court to receive treatment or services on an outpatient basis;  or

(B) is discharged or currently on furlough from a mental health facility or discharged from an alternative setting 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.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 55.43. Restoration Hearing - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-55-43/

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