Tex. Codes » Family Code · TITLE 3. JUVENILE JUSTICE CODE · CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY
Texas Codes

Tex. Fam. Code § 55.32 (2026)

Hearing On Issue Of Fitness To Proceed

✓ current as of May 2026
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Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If the juvenile court determines that evidence exists to support a finding that a child is unfit to proceed as a result of mental illness or an intellectual disability, the court shall set the case for a hearing on that issue.

(b) The issue of whether the child is unfit to proceed as a result of mental illness or an intellectual disability shall be determined at a hearing separate from any other hearing.

(c) The court shall determine the issue of whether the child is unfit to proceed unless the child or the attorney for the child demands a jury before the 10th day before the date of the hearing.

(d) Unfitness to proceed as a result of mental illness or an intellectual disability must be proved by a preponderance of the evidence.

(e) If the court or jury determines that the child is fit to proceed, the juvenile court shall continue with proceedings under this title as though no question of fitness to proceed had been raised.

(f) If the court or jury determines that the child is unfit to proceed as a result of mental illness or an intellectual disability, the court shall:

(1) stay the juvenile court proceedings for as long as that incapacity endures; and

(2) proceed under Section 55.33.

(g) The fact that the child is unfit to proceed as a result of mental illness or an intellectual disability does not preclude any legal objection to the juvenile court proceedings which is susceptible of fair determination prior to the adjudication hearing and without the personal participation of the child.

Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 47, eff. May 31, 1995. Redesignated from Family Code Sec. 55.04(c) to (f) and (h) and amended by Acts 1999, 76th Leg., ch. 1477, Sec. 14, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.007, eff. April 2, 2015.

Notes of Decisions
Cited in 3 cases, 2002–2019 · leading case: in the Matter of D. M., a Child (Tex. App. 2018).
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in the Matter of D. M., a Child (Tex. App. 2018). “See TEX. FAM. CODE ANN. § 55.32 (West, Westlaw through 2017 1st C.”
William R. Kruse & Deborah Kruse v. Henderson Texas Bancshares, Inc. (Tex. App. 2019). “”); TEX. FAM. CODE ANN. § 55.32(c) (West 2014) (At hearing on juvenile’s fitness to proceed, the “court shall determine the issue of whether the child is unfit to proceed unless the child or the attorney for the child demands in writing a jury .”
Michael Jimenez v. State (Tex. App. 2002). “" Tex. Fam. Code Ann. § 55.31 (a) (Vernon Supp.”
— Tex. Fam. Code § 55.32(c) — 1 case
William R. Kruse & Deborah Kruse v. Henderson Texas Bancshares, Inc. (Tex. App. 2019). “”); TEX. FAM. CODE ANN. § 55.32(c) (West 2014) (At hearing on juvenile’s fitness to proceed, the “court shall determine the issue of whether the child is unfit to proceed unless the child or the attorney for the child demands in writing a jury .”
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