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HELP!! Mental Illness/Unfit to Proceed

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March 02, 2006, 12:58
B.Young
HELP!! Mental Illness/Unfit to Proceed
Does anyone have a motion and order for examination under 55.11 and 55.31? I have a juvenile that is obviously suffering from mental illness or mental retardation and we have never done one like this before. Any help would be appreciated.

Thanks!
806-894-3130
bgrissom@hockleycounty.org
March 03, 2006, 07:10
Helenv5
I e-mailed a couple of forms I have used. Hope they help. If not, call me, 713/755-5874. I may be board certified in juvenile law but that doesn't amount to a hill of beans when it comes to facing the confusion of Chapter 55 proceedings!
March 03, 2006, 09:26
B.Young
Thanks for your help!
March 09, 2006, 09:01
Floyd L. Jennings
I hope your colleague came up with helpful forms. I was on the Chapt. 55 workgroup some years ago and came away well aware that a camel is a horse designed by a committee. The real problem, however, is (a) to which facility will the juvenile be sent, and (b) the fact that there are no real competency restoration programs for juveniles even if we determined that he/she was unfit to proceed.

But, if you struggle with these matters, the real guru, who is solid and knowledgable is now retired family law judge, Harold C. Gaither - his number is on the State Bar list. He is very willing to talk to prosecutors especially with an eye toward smoothing the procedures.

Floyd L. Jennings, J.D., Ph.D.
Houston
March 09, 2006, 15:45
Helenv5
Definitely, Judge Gaither is the "guru" on the subject. Also for practical help and guidance, the Juvenile Law Section website has many Chapter 55 forms, many of them from Judge Gaither.