Texas § 55.43 RESTORATION HEARING.

Texas Statutes

§ 55.43 — RESTORATION HEARING.

Texas § 55.43

Code FAFamily Code

This text of Texas § 55.43 (RESTORATION HEARING.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Family Code Code Ann. § 55.43 (2026).

Text

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 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

Free access — add to your briefcase to read the full text and ask questions with AI

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 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.

Legislative History

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.