Tex. Fam. Code Section 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 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.
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.
Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 2107), Sec. 4, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 10, eff. September 1, 2023.
Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF CHILD. (a) The juvenile court may waive its exclusive original jurisdiction and transfer all pending proceedings from the juvenile court to a criminal court on or after the 18th birthday of a child for whom the juvenile court or a court to which the child’s case is referred has ordered inpatient mental health services or residential care for persons with an intellectual disability if:

(1)

the child is not discharged or currently on furlough from the facility before reaching 18 years of age; and

(2)

the child is alleged to have engaged in delinquent conduct that included a violation of a penal law listed in Section 53.045 (Offenses Eligible for Determinate Sentence) and no adjudication concerning the alleged conduct has been made.

(b)

A court conducting a waiver of jurisdiction and discretionary transfer hearing under this section shall conduct the hearing according to Sections 54.02 (Waiver of Jurisdiction and Discretionary Transfer to Criminal Court)(j), (k), and (l).

(c)

If after the hearing the juvenile court waives its jurisdiction and transfers the case to criminal court, the juvenile court shall send notification of the transfer of a child under Subsection (a) to the facility. The criminal court shall, before the 91st day after the date of the transfer, institute proceedings under Chapter 46B (Incompetency to Stand Trial), Code of Criminal Procedure. If those or any subsequent proceedings result in a determination that the defendant is competent to stand trial, the defendant may not receive a punishment for the delinquent conduct described by Subsection (a)(2) that results in confinement for a period longer than the maximum period of confinement the defendant could have received if the defendant had been adjudicated for the delinquent conduct while still a child and within the jurisdiction of the juvenile court.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 8, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 14, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.016, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1166 (S.B. 1585), Sec. 11, eff. September 1, 2023.

Source: Section 55.43 — Restoration Hearing, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­55.­htm#55.­43 (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
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Accessed:
May 4, 2024

§ 55.43’s source at texas​.gov