Texas § FA.55.43 - RESTORATION HEARING
Full text of Texas The Texas Constitution § FA.55.43 — RESTORATION HEARING, with citation guidance and answers to common questions.
§ FA.55.43. RESTORATION HEARING
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.
Frequently Asked Questions About Texas § FA.55.43
What does The Texas Constitution § FA.55.43 cover?
Section FA.55.43 ("RESTORATION HEARING") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § FA.55.43?
A common citation format is "The Texas Constitution § FA.55.43" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § FA.55.43 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.