Sec. 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 an intellectual disability; 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 currently on furlough 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, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 13, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.015, eff. April 2, 2015.
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