Tex. Fam. Code Section 55.36
Report that Child Is Fit to Proceed; Hearing on Objection


(a)

If a report submitted under Section 55.35 (Information Required to Be Sent to Facility or Alternative Setting; Report to Court)(b) states that a child is fit to proceed, the juvenile court shall find that the child is fit to proceed unless the child’s attorney objects in writing or in open court not later than the second day after the date the attorney receives a copy of the report under Section 55.35 (Information Required to Be Sent to Facility or Alternative Setting; Report to Court)(c).

(b)

On objection by the child’s attorney under Subsection (a), the juvenile court shall promptly hold a hearing to determine whether the child is fit to proceed, except that the hearing may be held after the date that the placement order issued under Section 55.33 (Proceedings Following Finding of Unfitness to Proceed)(a) expires. At the hearing, the court shall determine the issue of the fitness of the child to proceed unless the child or the child’s attorney demands in writing a jury before the 10th day before the date of the hearing.

(c)

If, after a hearing, the court or jury finds that the child is fit to proceed, the court shall dissolve the stay and continue the juvenile court proceedings as though a question of fitness to proceed had not been raised.

(d)

If, after a hearing, the court or jury finds that the child is unfit to proceed, the court shall proceed under Section 55.37 (Report that Child Is Unfit to Proceed as a Result of Mental Illness; Initiation of Proceedings for Court-ordered Mental Health Services) or 55.40 (Report that Child Is Unfit to Proceed as a Result of Intellectual Disability), as appropriate.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 8, eff. September 1, 2023.

Source: Section 55.36 — Report that Child Is Fit to Proceed; Hearing on Objection, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­36 (accessed May 4, 2024).

55.01
Definitions
55.02
Mental Health and Intellectual Disability Jurisdiction
55.03
Standards of Care
55.04
Forensic Mental Examination
55.05
Criteria for Court-ordered Mental Health Services for Child
55.06
Criteria for Court-ordered Residential Intellectual Disability Services for Child
55.11
Mental Illness Determination
55.12
Initiation of Proceedings for Court-ordered Mental Health Services
55.15
Standards of Care
55.16
Order for Mental Health Services
55.17
Mental Health Services Not Ordered
55.31
Unfitness to Proceed Determination
55.32
Hearing on Issue of Fitness to Proceed
55.33
Proceedings Following Finding of Unfitness to Proceed
55.34
Transportation to and from Facility
55.35
Information Required to Be Sent to Facility or Alternative Setting
55.36
Report that Child Is Fit to Proceed
55.37
Report that Child Is Unfit to Proceed as a Result of Mental Illness
55.40
Report that Child Is Unfit to Proceed as a Result of Intellectual Disability
55.43
Restoration Hearing
55.45
Standards of Care
55.51
Lack of Responsibility for Conduct Determination
55.52
Proceedings Following Finding of Lack of Responsibility for Conduct
55.53
Transportation to and from Facility
55.54
Information Required to Be Sent to Facility or Alternative Setting
55.55
Report that Child Does Not Have Mental Illness or Intellectual Disability
55.56
Report that Child Has Mental Illness
55.59
Report that Child Has Intellectual Disability
55.65
Proceedings in Juvenile Court for Child with Mental Illness
55.66
Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Mental Illness
55.67
Proceedings in Juvenile Court for Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Intellectual Disability
55.68
Referral for Proceedings for Child with Mental Illness or Child Found Unfit to Proceed or Lacking Responsibility for Conduct Due to Mental Illness or Intellectual Disability

Accessed:
May 4, 2024

§ 55.36’s source at texas​.gov