Tex.
Fam. Code Section 55.31
Unfitness to Proceed Determination; Examination
(a)
A child alleged by petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision who as a result of mental illness or an intellectual disability lacks capacity to understand the proceedings in juvenile court or to assist in the child’s own defense is unfit to proceed and shall not be subjected to discretionary transfer to criminal court, adjudication, disposition, or modification of disposition as long as such incapacity endures.(b)
On a motion by a party, the juvenile court shall determine whether probable cause exists to believe that a child who is alleged by petition or who is found to have engaged in delinquent conduct or conduct indicating a need for supervision is unfit to proceed as a result of mental illness or an intellectual disability. In making its determination, the court may:(1)
consider the motion, supporting documents, professional statements of counsel, and witness testimony; and(2)
make its own observation of the child.(c)
If the court determines that probable cause exists to believe that the child is unfit to proceed, the court shall temporarily stay the juvenile court proceedings and immediately order the child to be examined under Section 55.04 (Forensic Mental Examination).(d)
During an examination ordered under this section, and in any report based on that examination, an expert shall consider, in addition to other issues determined relevant by the expert:(1)
whether the child, as supported by current indications and the child’s personal history:(A)
is a child with mental illness; or(B)
is a child with an intellectual disability;(2)
the child’s capacity to:(A)
appreciate the allegations against the child;(B)
appreciate the range and nature of allowable dispositions that may be imposed in the proceedings against the child;(C)
understand the roles of the participants and the adversarial nature of the legal process;(D)
display appropriate courtroom behavior; and(E)
testify relevantly; and(3)
the degree of impairment resulting from the child’s mental illness or intellectual disability and the specific impact on the child’s capacity to engage with counsel in a reasonable and rational manner.(e)
An expert’s report to the court must state an opinion on the child’s fitness to proceed or explain why the expert is unable to state that opinion and include:(1)
the child’s history and current status regarding any possible mental illness or intellectual disability;(2)
the child’s developmental history as it relates to any possible mental illness or intellectual disability;(3)
the child’s functional abilities related to fitness to stand trial;(4)
the relationship between deficits in the child’s functional abilities related to fitness to proceed and any mental illness or intellectual disability; and(5)
if the expert believes the child is in need of remediation or restoration services, a discussion of:(A)
whether the child’s abilities are likely to be remediated or restored within the period described by Section 55.33 (Proceedings Following Finding of Unfitness to Proceed)(a)(1), (2), or (3);(B)
whether the child may be adequately treated in an alternative setting;(C)
any recommended interventions to aid in the remediation or restoration of the child’s fitness;(D)
whether the child meets criteria for court-ordered treatment or services under Section 55.05 (Criteria for Court-ordered Mental Health Services for Child) or 55.06 (Criteria for Court-ordered Residential Intellectual Disability Services for Child); and(E)
if applicable, the specific criteria the child meets under Paragraph (D).(f)
After considering all relevant information, including information obtained from an examination under Section 55.04 (Forensic Mental Examination), the court shall:(1)
if the court determines that evidence exists to support a finding that the child is unfit to proceed, proceed under Section 55.32 (Hearing on Issue of Fitness to Proceed); or(2)
if the court determines that evidence does not exist to support a finding that the child is unfit to proceed, dissolve the stay and continue the juvenile court proceedings.
Source:
Section 55.31 — Unfitness to Proceed Determination; Examination, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.55.htm#55.31 (accessed Jun. 5, 2024).
