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I have a child who has been found as a result of MR to be unfit to proceed under 55.33 and ordered for the initial 90 day placement. He is placed on the list waiting on a bed in a facility and being housed in juvenile detention.
A question regarding whether or not he needs a detention hearing every 10 days has come up. The Code does not speak that there is no need for a detention hearing, so some are saying we need to have one. I am thinking it is a commitment order so there is no need for one. Since the code reads as if the assumption is once ordered you would drive them to the facility and they would take them (not be on a waiting list) could be why there is no mention of the detention hearing.
A proposal was made to do detention waivers, although not sure if he is unfit how you could rely on his waiver.
Anyone have any ideas or familiarity with this issue?
 
Posts: 13 | Location: Groesbeck, Texas | Registered: June 09, 2005Reply With QuoteReport This Post
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55.32(f)(1) says that a determiniation that the child is unfit to proceed stays further juvenile court procedings for as long as the incapacity remains. I believe that (along with your commitment order) suspends the need for further detention hearings.
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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