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Alabama
|
§ 12-15-130
|
"(a) Where there are indications that a child may be physically ill, a child with mental illness or an intellectual disability, or an evaluation of a child is needed to help determine issues of competency to understand judicial proceedings, mental state at the time of the offense, or the ability of the child to assist his or her attorney, the juvenile court, on its own motion or motion by the prosecutor, or that of the child's attorney or guardian ad litem for the child, may order the child to be examined [...]"
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Not specified.
|
Not specified.
|
|
Alaska
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Arizona
|
§ 8-291.01 et seq.
|
"[...] a party may request in writing or the court on its own motion may order that the juvenile be examined to determine if the juvenile is competent. The request shall state the facts in support of the request for a competency examination. The presence of a mental illness, defect or disability alone is not grounds for finding a juvenile incompetent."
|
No; § 8-291: "Age alone does not render a person incompetent."
|
§ 8-291.08: "D. If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within two hundred forty days, the court shall dismiss the matter with prejudice and shall initiate civil commitment proceedings, if appropriate. The court may appoint a guardian ad litem to proceed with a dependency investigation."
|
|
Arkansas
|
§ 9-27-502
|
"(a) Except as provided in subsection (b) of this section, the provisions of § 5-2-301 et seq. shall apply to the following:
(1) In any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court; and
(2) In juvenile delinquency proceedings in which extended juvenile jurisdiction designation has been requested by any party and a party intends to raise lack of capacity as an affirmative defense"
[...]
"(x)(a) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to:
(1) Possess the necessary mental state required for the offense charged;
(2) Conform his or her conduct to the requirements of the law; and
(3) Appreciate the criminality of his or her conduct."
|
Yes; "(b)(1)(A) For a juvenile under thirteen (13) years of age at the time of the alleged offense and who is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, there shall be a presumption that:
(i) The juvenile is unfit to proceed; and
(ii) He or she lacked capacity to:
(a) Possess the necessary mental state required for the offense charged;
(b) Conform his or her conduct to the requirements of law; and
(c) Appreciate the criminality of his or her conduct."
|
"(9)(A) If the juvenile is found unfit to proceed, the court shall commit the juvenile to the custody of the Department of Human Services or a residential treatment facility for a period not to exceed nine (9) months [...] (C) If fitness to proceed is not restored within nine (9) months, the court shall convert the delinquency petition to a family in need of services petition."
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|
California
|
Welfare & Institutions §709 et seq.
|
"(a)(1) If the court has a doubt that a minor who is subject to any juvenile proceedings is competent, the court shall suspend all proceedings and proceed pursuant to this section."
|
Yes; under Cal. Penal Code § 26 minors under 14 are not considered capable of committing a crime "in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness."
|
"(3) If the court finds that the minor has not yet been remediated, but is likely to be remediated within six months, the court shall order the minor to return to the remediation program. However, the total remediation period shall not exceed one year from the finding of incompetency [...]"
"(4) If the court finds that the minor will not achieve competency within six months, the court shall dismiss the petition [...]"
"(5)(A) Secure confinement shall not extend beyond six months from the finding of incompetence, except as provided in this section [...]"
If the young person is alleged to have committed a serious crime, the court can consider whether it is necessary and in the best interests of the minor and the public's safety to order secure confinement of a minor for up to an additional year; secure confinement cannot last more than 18 months from the finding of incompetence.
|
|
Colorado
|
§ 19-2.5-702
|
19-2.5-702(3): When a party specified in this subsection (3) has reason to believe that a juvenile is incompetent to proceed in a delinquency action, the party shall raise the question of the juvenile’s competency in the following manner: (a) On its own motion, the court shall suspend the proceeding and determine the competency or incompetency of the juvenile pursuant to section 19-2.5-703;
(b) By motion of the prosecution, probation officer, guardian ad litem, or defense, made in advance of the commencement of the particular proceeding. The motion may be filed after the commencement of the proceeding if, for good cause shown, the juvenile’s mental health was unknown or unapparent before the commencement of the proceeding.
(c) By the juvenile’s parent or legal guardian.
|
No; 19-2.5-702(2): Age alone is not determinative of incompetence without a finding that the juvenile actually lacks the relevant capacities for competence.
|
19-2.5-704(2)(a): If the court finally determines that the juvenile is incompetent to proceed but may be restored to competency in the reasonably foreseeable future, the court shall order that the restoration services ordered are provided in the least-restrictive environment. The court shall hold a restoration progress review hearing at least every ninety-one days until competency is restored, unless the juvenile is in custody, in which event the court shall hold a restoration progress review hearing every thirty-five days to ensure the prompt provision of services in the least-restrictive environment.
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|
Connecticut
|
§ 46b-128a
|
(b) "If, at any time during a proceeding on a juvenile matter, it appears that the child or youth is not competent, counsel for the child or youth, the prosecutorial official, or the court, on its own motion, may request an examination to determine the child’s or youth’s competency. Whenever a request for a competency examination is under consideration by the court, the child or youth shall be represented by counsel in accordance with the provisions of sections 46b-135 and 46b-136."
|
No; (c): "The age of the child or youth is not a per se determinant of incompetency."
|
(2) "An intervention implemented for the purpose of restoring competency shall comply with the following conditions: (A) The period of intervention shall not exceed ninety days, unless extended for an additional ninety days in accordance with the criteria set forth in subsection (j) of this section [...]"
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|
Delaware
|
10 Del.C. § 1007A
|
“Not competent” shall mean a child who is unable to understand the nature of the proceedings against the child, or to give evidence in the child's own defense or to instruct counsel on the child's own behalf."
|
No; "A child's age alone may not serve as the basis for a finding that a child is not competent."
|
Not specified; "If the Court rules that the child is not competent, the Court shall then make a finding of whether competency can be timely restored or acquired. If there is a reasonable expectation that competency can be timely restored or acquired, the Court shall order appropriate treatment or services based on the findings and recommendations contained in the competency evaluation."
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|
District of Columbia
|
§ 16-2315
|
"the Division may order a child to be examined to aid in determining his physical or mental condition."
|
Not specified.
|
(3)(A) Hospitalization for an examination shall be for a period of not more than 21 days, except that the Division may grant extensions which may not exceed 21 days in the aggregate if a psychiatrist or qualified psychologist certifies that a mental health examination has not been completed and cannot be effectively provided on an outpatient basis.
(B) If the examination is to determine whether the child is incompetent to proceed, an extension of time may not be granted unless the psychiatrist or qualified psychologist also certifies that the psychiatrist or qualified psychologist is unable to determine whether the child is incompetent to proceed and needs an additional period of time to complete the examination.
[...]
(7)(A) "No child ordered into a hospital, detention, or shelter care while receiving treatment and services under this section shall be so confined for more than 180 days, except the Division may order such confinement to continue for up to 180 more days if it finds that:
(i) The child remains incompetent to proceed;"
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|
Florida
|
§ 985.19
|
"(1) If, at any time prior to or during a delinquency case, the court has reason to believe that the child named in the petition may be incompetent to proceed with the hearing, the court on its own motion may, or on the motion of the child’s attorney or state attorney must, stay all proceedings and order an evaluation of the child’s mental condition."
|
Not specified, but a minor found to be ITP cannot be ordered to competency restoration; (2) A child who has been adjudicated incompetent to proceed because of age or immaturity, or for any reason other than for mental illness, intellectual disability, or autism, must not be committed to the department or to the Department of Children and Families for restoration-of-competency treatment or training services. [Emphassis added.]
|
"(4) A child who is determined to have mental illness, intellectual disability, or autism, who has been adjudicated incompetent to proceed, must be committed to the Department of Children and Families and receive treatment or training in a secure facility or program that is the least restrictive alternative consistent with public safety.
(4)(e) The service provider must file a written report with the court pursuant to the applicable Florida Rules of Juvenile Procedure within 6 months after the date of commitment, or at the end of any period of extended treatment or training, and at any time the Department of Children and Families, through its service provider, determines the child has attained competency or no longer meets the criteria for secure placement, or at such shorter intervals as ordered by the court. A copy of a written report evaluating the child's competency must be filed by the provider with the court and with the state attorney, the child's attorney, the department, and the Department of Children and Families.
(5)(a) If a child is determined to be incompetent to proceed, the court shall retain jurisdiction of the child for up to 2 years after the date of the order of incompetency, with reviews at least every 6 months to determine competency.
[...]
(5)(c) If the court determines at any time that the child will never become competent to proceed, the court may dismiss the delinquency petition. If, at the end of the 2-year period following the date of the order of incompetency, the child has not attained competency and there is no evidence that the child will attain competency within a year, the court must dismiss the delinquency petition
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Georgia
|
§ 15-11-650 et seq.
|
§ 15-11-651: “Incompetent to proceed” means "lacking sufficient present ability to understand the nature and object of the proceedings, to comprehend his or her own situation in relation to the proceedings, and to assist his or her attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings."
|
Yes; for serious violent felonies per § 15-11-652: "(b) When a delinquency petition is filed alleging a child under the age of 13 has committed a serious violent felony, as defined in Code Section 17-10-6.1, the court shall stay all delinquency proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation and report concerning such child's mental condition."
|
§ 15-11-656: "(c) If a child is determined to be incompetent to proceed, the court has ordered that competency remediation services should be provided, and:
(1) Such child is alleged to have committed an act that would be a felony if committed by an adult, the court may retain jurisdiction of such child for up to two years after the date of the order of incompetency, with review hearings at least every six months to redetermine competency or proceed as provided in subsection (f) of this Code section; or
(2) A child is alleged to have committed an act that would be a misdemeanor if committed by an adult, the court may retain jurisdiction of a child for up to 120 days after the date of the order of incompetency or proceed as provided in subsection (f) of this Code section."
|
|
Guam
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Hawaii
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Idaho
|
§ 20-519A et seq.
|
"(1) At any time after the filing of a delinquency petition, a party may request in writing, or the court on its own motion may order, that the juvenile be examined to determine if the juvenile is competent to proceed. The request shall state the facts in support of the request for a competency examination. If, based upon the provisions of subsection (2) of this section, the court determines that there is good cause to believe that the juvenile is incompetent to proceed, then the court shall stay all proceedings and appoint at least one (1) examiner [...]"
(2) A juvenile is competent to proceed if he or she has:
(a) A sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding;
(b) A rational and factual understanding of the proceedings against him or her; and
(c) The capacity to assist in preparing his or her defense."
|
Not specified.
|
§ 20-519B: "(6)(e) If the court determines that the juvenile is incompetent to proceed, but may be restored to competency within six (6) months, the court shall order a plan of treatment to be developed by the department of health and welfare for the juvenile to undergo efforts at restoration to competency."
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|
Illinois
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Indiana
|
§ 31-37-26-2 et seq.
|
§ 31-37-26-3: "If, at any time before disposition, a court has reasonable grounds to believe that a child is not competent, the court shall order the child to undergo a competency evaluation as described in section 4 of this chapter, unless the child is represented by counsel and waives the competency evaluation."
|
Not specified.
|
§ 31-37-26-6: "(b) If the court determines that the juvenile is not competent, the court shall determine whether the child may attain competency within:
(1) one hundred eighty (180) days, if the child is alleged to have committed an act that would be a felony if committed by an adult; or
(2) ninety (90) days, if the child is alleged to have committed an act that would not be a felony if committed by an adult.
(c) If the court determines that the juvenile is not competent and will not attain competency within the relevant time periods as described in subsection (b), the court shall:
(1) dismiss the allegations without prejudice; or
(2) delay dismissing the allegations for not more than ninety (90) days and:
(A) refer the matter to the department and request that the department determine whether the child may be a child in need of services; or
(B) order a probation officer to:
(i) refer the child or the child's family to an entity certified or licensed by the division of mental health and addiction, or the bureau of disabilities services; or
(ii) otherwise secure services to reduce the potential that the child will engage in behavior that could result in delinquent child or other criminal charges."
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|
Iowa
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Kansas
|
§ 38-2348 et seq.
|
§ 38-2348 : "a person charged as a juvenile is incompetent for adjudication as a juvenile offender if, because of mental illness or defect, such person is unable to:
(1) Understand the nature and purpose of the proceedings; or
(2) make or assist in making a defense."
|
Not specified.
|
§ 38-2348: "(a) A juvenile who is found to be incompetent pursuant to K.S.A. 38-2348, and amendments thereto, shall be committed for evaluation and treatment to any appropriate public or private institution for a period not to exceed 90 days. Within 90 days of the juvenile's commitment to the institution, the chief medical officer of the institution shall certify to the court whether the juvenile has a substantial probability of attaining competency for hearing in the foreseeable future.
(b) If the chief medical officer of the institution certifies that a probability of attaining competency does exist, the court shall order the juvenile to remain in an appropriate public or private institution until the juvenile attains competency or for a period of six months from the date of the original commitment, whichever occurs first. If the juvenile does not attain competency within six months from the date of the original commitment, the court shall order the county or district attorney to commence proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto."
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|
Kentucky
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Louisiana
|
Art. 832 et seq.
|
Art. 832: "When the question of the child’s mental incapacity to proceed is raised, there shall be no further steps in the delinquency proceeding, except the filing of a delinquency petition, until counsel is appointed and notified in accordance with Article 809(C) and the child is found to have the mental capacity to proceed."
|
Not specified, but Art. 837 states, "D. In a misdemeanor or felony case, if the court determines by a preponderance of the evidence that the child lacks the mental capacity to proceed primarily because of immaturity and the child may attain the mental capacity to proceed in the future without restoration services, the court may only:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Continue the matter for six months in order to review the child's mental capacity to proceed.
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Art. 836: "A. The issue of the mental capacity of the child to proceed shall be determined by the court after a contradictory hearing. If the child is in a secure detention facility, the hearing shall be held within forty-five days of the appointment of the competency commission. Otherwise, the hearing shall be held within sixty days of the appointment of the commission. The court may extend either time period for a period not to exceed fifteen days, if an extension of time was granted in accordance with Article 835."
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|
Maine
|
15 M.R.S. §3318-A et seq.
|
15 M.R.S. §3318-A : "3. Determination of competency. The issue as to a juvenile's competency to proceed may be raised by the juvenile, by the State or sua sponte by the Juvenile Court at any point in the juvenile proceeding after a finding of probable cause and prior to the imposition of a final order of disposition. A competency determination is necessary only when the Juvenile Court has a reasonable doubt as to a juvenile's competency to proceed."
|
Not specified but 15 M.R.S. §3318-A provides, "The burden of proof of competence is on the State if the juvenile is less than 14 years of age at the time the issue of competence is raised. If the juvenile is at least 14 years of age at the time the issue of competence is raised, the burden of proof is on the juvenile. In the event the State has the burden of proof, it must show by a preponderance of the evidence that the juvenile is competent to proceed. In the event the juvenile has the burden of proof, the juvenile must show by a preponderance of the evidence that the juvenile is not competent to proceed."
|
15 M.R.S.A. § 3318-B "1. Substantial probability that juvenile will be competent in the foreseeable future.If the juvenile is not competent to proceed but there exists a substantial probability that the juvenile will be competent in the foreseeable future, the Juvenile Court shall continue the suspension of the proceedings and refer the juvenile to the Commissioner of Health and Human Services for evaluation and treatment of the mental health and behavioral needs.
A. At the end of 60 days or sooner, at the end of 180 days and at the end of one year following referral, the State Forensic Service shall examine the juvenile and forward a report of the examination to the Juvenile Court [...] If the Juvenile Court finds that the juvenile is not yet competent to proceed, but there exists a substantial probability that the juvenile will be competent to proceed in the foreseeable future, the proceedings must remain suspended pending further review or hearing."
[...]
2. No substantial probability that juvenile will be competent in the foreseeable future. If, following the competency determination hearing provided in section 3318-A, subsection 7, the Juvenile Court finds that the juvenile is incompetent to proceed and that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the Juvenile Court shall promptly hold a hearing [...] At the conclusion of the hearing the Juvenile Court shall dismiss the petition or, if post-adjudication, vacate the adjudication order and dismiss the petition.
|
|
Maryland
|
§ 3-8A-17.1 et seq.
|
§ 3-8A-17.1: "the court shall stay all proceedings and order that the Maryland Department of Health or any other qualified expert conduct an evaluation of the child’s competency to proceed if the court finds that:
(i) There is probable cause to believe that the child has committed the delinquent act; and
(ii) There is reason to believe that the child may be incompetent to proceed [...]"
|
Not specified.
|
§ 3-8A-17.6: "if the court determines that the child is incompetent to proceed, but that there is a substantial probability that the child may be able to attain competency in the foreseeable future and that services are necessary to attain competency, the court may order the Maryland Department of Health to provide competency attainment services for the child for an initial period of not more than 90 days."
§ 3-8A-17.7: "(c) At a competency hearing, if the court determines that the child is incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court:
(1) May dismiss the delinquency petition or violation of probation petition; and
(2) After the expiration of the time periods for dismissal specified in § 3-8A-17.9 of this subtitle, shall dismiss the delinquency petition or violation of probation petition."
|
|
Massachusetts
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Michigan
|
M.C.L.A. 330.2062 et seq.
|
330.2062: "(2) The court may order upon its own motion, or at the request of the juvenile, the juvenile's attorney, or the prosecuting attorney, a competency evaluation to determine whether the juvenile is incompetent to proceed if the juvenile is the subject of a delinquency petition [...]
(3) At the time an issue of the juvenile’s competency is raised, the delinquency proceeding shall temporarily cease until determination is made on the competence of the juvenile according to this act."
|
Yes; 330.2062 "(1) A juvenile 10 years of age or older is presumed competent to proceed unless the issue of competency is raised by a party. A juvenile less than 10 years of age is presumed incompetent to proceed."
|
330.2068: "(1) Not later than 30 days after a report is filed under section 1066,1 the court shall hold a hearing to determine if a juvenile is competent to proceed. At the hearing, the parties may introduce other evidence regarding the juvenile's mental condition or may submit the matter by written stipulation based on the filed report.
(2)Upon a finding by the court that a juvenile is incompetent to proceed and a finding that there is a substantial probability that the juvenile will remain incompetent to proceed for the foreseeable future or within the period of the restoration order, the court shall dismiss with prejudice the charges against the juvenile and may determine custody of the juvenile."
|
|
Minnesota
|
Juvenile Delinquency Procedure Rule 20.01
|
"A child is incompetent and shall not be permitted to enter a plea, be tried, or receive a disposition for any offense when the child lacks sufficient ability to:
(A) consult with a reasonable degree of rational understanding with the child’s counsel; or
(B) understand the proceedings or participate in the defense due to mental illness or cognitive impairment.
[...]
The prosecuting attorney, the child's counsel or the court shall bring a motion to determine the competency of the child if there is reason to doubt the competency of the child during the pending proceedings."
|
Not specified.
|
"Subd. 5. Effect of Finding on Issue of Competency to Proceed. (B) Finding of Incompetency. If the offense is a misdemeanor, juvenile petty offense, or juvenile traffic offense, and the court determines that the child is incompetent to proceed, the matter shall be dismissed. If the offense is a gross misdemeanor, and the court determines that the child is incompetent to proceed, the court has the discretion to dismiss or suspend the proceedings against the child except as provided by Rule 20.01, subdivision 7. If the offense is a felony, and the court determines that the child is incompetent to proceed, the proceedings against the child shall be further suspended except as provided by Rule 20.01, subdivision 7.
(1) If the court determines that the child is mentally ill or cognitively impaired so as to be incapable of understanding the proceedings or participation in the defense, the court shall order any existing civil commitment continued. If the child is not under commitment, the court may direct civil commitment proceedings be initiated, and the child confined in accordance with the provisions of the Minnesota Commitment Act, Chapter 253B.
Subd. 6. Continuing Supervision by the Court. In felony and gross misdemeanor cases in which proceedings have been suspended, the person charged with the child's supervision, such as the head of the institution to which the child is committed, shall report to the trial court on the child's mental condition and competency to proceed at least every six (6) months unless otherwise ordered.
|
|
Mississippi
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Missouri
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Montana
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Nebraska
|
§ 43-258
|
"the court may order the juvenile examined by a physician, surgeon, psychiatrist, duly authorized community mental health service program, or psychologist to aid the court in determining (a) a material allegation in the petition relating to the juvenile’s physical or mental condition, (b) the juvenile’s competence to participate in the proceedings, (c) the juvenile’s responsibility for his or her acts, or (d) whether or not to provide emergency medical treatment."
|
Not specified.
|
Not specified, but the law outlines timelines for the evaluation period: "the court may order such juvenile to be placed with the Department of Health and Human Services for evaluation; Placement with the department for the purposes of this section shall be for a period not to exceed thirty days. If necessary to complete the evaluation, the court may order an extension not to exceed an additional thirty days [...]"
|
|
Nevada
|
§ 62d.140 et seq.
|
§ 62d.140: "incompetent means a child does not have the present ability to:
1. Understand the nature of the allegations of delinquency or, if the child is a child in need of supervision, the allegations against the child;
2. Understand the nature and purpose of the court proceedings; or
3. Aid and assist the child’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding."
62D.145: "1. Any time after a petition is filed and before the final disposition of a case, if doubt arises as to the competence of a child, the juvenile court shall suspend the case until the question of competence is determined."
|
Not specified.
|
62D.185: "1. If the juvenile court determines that a child is incompetent pursuant to NRS 62D.180, the juvenile court shall conduct a periodic review to determine whether the child has attained competence. Unless the juvenile court terminates its jurisdiction pursuant to paragraph (c) of subsection 3, such a periodic review must be conducted:
(a) Not later than 6 months after the date of commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160 or the date treatment ordered by the court commenced, whichever is earlier;
(b) After any period of extended treatment;
(c) After the child completes any treatment ordered by the juvenile court;
(d) After a person ordered by the juvenile court to provide services to the child pursuant to NRS 62D.180 determines that the child has attained competence or will never attain competence; or
(e) At shorter intervals as ordered by the juvenile court.
[...]
3(c) Has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a hearing to consider the best interests of the child and the safety of the community and shall issue all necessary and appropriate recommendations and orders. The juvenile court may, without limitation, order a division facility to accept and provide services to the child consistent with the provisions of NRS 433B.320 or determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court [...]"
|
|
New Hampshire
|
§ 169-B:20
|
"II. A minor is competent to proceed in a delinquency proceeding if the minor has:
(a) A rational as well as a factual understanding of the proceedings; and
(b) A sufficient present ability to consult with counsel with a reasonable degree of rational understanding.
[...]
IV. If the court determines that a competency determination is necessary, it shall order that a minor be examined to evaluate the minor’s competency to proceed."
|
Not specified.
|
Not specified; XI(b) "If a juvenile is found not competent to stand trial, the judge may refer the juvenile to the department of health and human services to assess eligibility for services through the department."
|
|
New Jersey
|
n/a
|
n/a
|
n/a
|
n/a
|
|
New Mexico
|
§ 32A-2-21
|
"A. If in a hearing at any stage of a proceeding on a delinquency petition the evidence indicates that the child has or may have a mental disorder or developmental disability, the court may:
(1) order the child detained if appropriate [...]; and
(2) initiate proceedings for the involuntary placement of the child as a minor with a mental disorder or developmental disability [...]"
"G. A child's competency to stand trial or participate in his own defense may be raised by a party at any time during a proceeding. If the child has been accused of an act that would be considered a misdemeanor if the child were an adult and the child is found to be incompetent to stand trial, the court shall dismiss the petition with prejudice and may recommend that the children's court attorney initiate proceedings pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act. In all other cases, the court shall stay the proceedings until the child is competent to stand trial; provided that a petition shall not be stayed for more than one year [...]"
|
Not specified.
|
"G. [...] The child's competency to stand trial shall be reviewed every ninety days for up to one year. The court shall dismiss the petition without prejudice if, at any time during the year, the court finds that a child cannot be treated to competency or if, after one year, the court determines that a child is incompetent to stand trial or participate in his own defense. Upon dismissal, the court may recommend that the children's court attorney initiate proceedings pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act."
|
|
New York
|
Family Court Act §§ 322.1; 322.2
|
§ 322.1: "1. At any proceeding under this article, the court must issue an order that the respondent be examined as provided herein when it is of the opinion that the respondent may be an incapacitated person. Notwithstanding the provisions of this or any other law, the court may direct that the examination be conducted on an outpatient basis. If the respondent is in custody at the time the court issues an order of examination, the examination may be conducted at the place where the respondent is being held in custody so long as no reasonable alternative outpatient setting is available. The court shall order that two qualified psychiatric examiners as defined in subdivision seven of section 730.10 of the criminal procedure law examine the respondent to determine if he or she may be diagnosed as a person with mental illness or an intellectual or developmental disability."
|
Not specified.
|
§ 322.2: "4. If the court finds that there is probable cause to believe that the respondent committed a misdemeanor, the respondent shall be committed to the custody of the appropriate commissioner for a reasonable period not to exceed ninety days [...]
5. (a) If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities for an initial period not to exceed one year from the date of such order. Unless the court specifies that such commitment shall be in a residential facility, such commissioner having custody may arrange for treatment in an appropriate facility or program, including an outpatient program [...] Such period may be extended annually upon further application to the court by the commissioner having custody or his or her designee [...] If, at the conclusion of a hearing conducted pursuant to this subdivision, the court finds that the respondent is no longer incapacitated, he or she shall be returned to the family court for further proceedings pursuant to this article. If the court is satisfied that the respondent continues to be incapacitated, the court shall authorize continued custody of the respondent by the commissioner in a facility or program for a period not to exceed one year. Such extensions shall not continue beyond a reasonable period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respondent's eighteenth birthday or, if the respondent was at least sixteen years of age when the act was committed, beyond the respondent's twenty-first birthday.
[...]
(d) The commissioner shall review the condition of the respondent within forty-five days after the respondent is committed to the custody of the commissioner. He or she shall make a second review within ninety days after the respondent is committed to his or her custody. Thereafter, he or she shall review the condition of the respondent every ninety days. The respondent and the counsel for the respondent, shall be notified of any such review and afforded an opportunity to be heard. The commissioner having custody shall apply to the court for an order dismissing the petition whenever he or she determines that there is a substantial probability that the respondent will continue to be incapacitated for the foreseeable future.
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North Carolina
|
n/a
|
n/a
|
n/a
|
n/a
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|
Northern Mariana Islands
|
n/a
|
n/a
|
n/a
|
n/a
|
|
North Dakota
|
Rules of Juvenile Proceedure; Rule 11.1; § 12.1-04-01.
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Rule 11.1 : "(1) Authority to Order Evaluation of Child Competence. Any time after a petition is filed and before the final disposition of a case, if doubt arises as to the competence of a child, the juvenile court must suspend the case until the question of competence is determined. The court may order the child to submit to an examination by one or more mental health professionals retained by the state to determine competency. A child is incompetent and may not be permitted to admit to a delinquent offense, be tried, or receive a disposition for any offense when the child lacks sufficient ability to:
(A) appreciate the allegations against the child;
(B) appreciate the range and nature of possible dispositions that may be imposed in the proceedings against the child;
(C) understand the nature of the juvenile court process;
(D) disclose to counsel facts pertinent to the proceedings at issue;
(E) display appropriate courtroom behavior; or
(F) testify relevantly."
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Yes for offenses prosecuted under the state's criminal code; § 12.1-04-01: "1. An individual under the age of ten years is deemed incapable of commission of an offense defined by the constitution or statutes of this state. The prosecution of an individual as an adult is barred if the offense was committed while the individual was less than fourteen years of age.
2. An individual ten years of age or older may be assessed for mental fitness or capacity under this chapter."
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Rule 11.1 : "(5)(B) Findings of Incompetency. Immediately upon a finding of incompetency of the child, the court must determine whether:
(i) the child is danger to himself, herself or society;
(ii) providing services to the child will assist the child is attaining competence;
(iii) any services provided to the child can best be provided as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness or as otherwise allowed by law.
(6) Dismissal of Delinquency Proceedings. The court has the discretion to:
(A) Dismiss the delinquency proceedings against the child and order the release of the child to the child's parent(s), guardian or legal custodian upon conditions considered appropriate by the court.
(B) Suspend the delinquency proceedings against the child for a period of up to one year and order services be provided to the child as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness.
(C) Dismiss the delinquency proceedings and direct that child in need of protection proceedings be initiated."
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Ohio
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§ 2152.51 et seq.
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§ 2152.51: "(1) “Competent” and “competency” refer to a child's ability to understand the nature and objectives of a proceeding against the child and to assist in the child's defense. A child is incompetent if, due to mental illness, due to developmental disability, or otherwise due to a lack of mental capacity, the child is presently incapable of understanding the nature and objective of proceedings against the child or of assisting in the child's defense."
§ 2152.52: "(A)(1) In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child's competency to participate in the proceeding.
(B) The court may find a child incompetent to proceed without ordering an evaluation of the child's competency or holding a hearing to determine the child's competency if either of the following applies:
(1) The prosecuting attorney, the child's attorney, and at least one of the child's parents, guardians, or custodians agree to the determination.
(2) The court relies on a prior court determination that the child was incompetent and could not attain competency even if the child were to participate in competency attainment services."
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No, but § 2152.52 states a rebuttable presumption of competence for minors 14 and older: "(2) In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, if the child who is the subject of the proceeding is fourteen years of age or older and if the child is not otherwise found to have a mental illness or developmental disability, it is rebuttably presumed that the child does not have a lack of mental capacity. This presumption applies only in making a determination as to whether the child has a lack of mental capacity and shall not be used or applicable for any other purpose."
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§ 2152.59: "(2) No child shall be required to participate in competency attainment services for longer than is required for the child to attain competency. The following maximum periods of participation apply:
(a) If a child is ordered to participate in competency attainment services that are provided outside of a residential setting, the child shall not participate in those services for a period exceeding three months if the child is charged with an act that would be a misdemeanor if committed by an adult, six months if the child is charged with an act that would be a felony of the third, fourth, or fifth degree if committed by an adult, or one year if the child is charged with an act that would be a felony of the first or second degree, aggravated murder, or murder if committed by an adult.
(b) If a child is ordered to receive competency attainment services that are provided in a residential setting that is operated solely or in part for the purpose of providing competency attainment services, the child shall not participate in those services for a period exceeding forty-five calendar days if the child is charged with an act that would be a misdemeanor if committed by an adult, three months if the child is charged with an act that would be a felony of the third, fourth, or fifth degree if committed by an adult, six months if the child is charged with an act that would be a felony of the first or second degree if committed by an adult, or one year if the child is charged with an act that would be aggravated murder or murder if committed by an adult."
[...]
"(3) If after a hearing held under division (H)(1) of this section the court determines that the child has not or will not attain competency within the relevant period of time under division (D)(2) of this section, the court shall dismiss the delinquency complaint without prejudice, except that the court may delay dismissal for up to ninety calendar days and do either of the following:
(a) Refer the matter to a public children services agency and request that agency determine whether to file an action in accordance with section 2151.27 of the Revised Code alleging that the child is a dependent, neglected, or abused child;
(b) Assign court staff to refer the child or the child's family to the local family and children first council or an agency funded by the department of mental health and addiction services or department of developmental disabilities or otherwise secure services to reduce the potential that the child would engage in behavior that could result in delinquency or other criminal charges.
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Oklahoma
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§ 2-2-401.1 et seq.
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§ 2-2-401.3: "A. When the district attorney or the child's attorney has reasonable basis to believe that a child is incompetent to proceed in the delinquency or youthful offender proceeding, the party shall file a motion for determination of competency. The motion shall state that the child is incompetent to proceed and shall state facts sufficient to set forth the reasonable basis to conduct a competency evaluation. If the court raises the issue sua sponte, the court by written order shall set forth the reasonable basis that the child is incompetent to proceed."
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No, but § 2-2-401.2 provides a rebuttable presumption of competence for minors 13 and older: "3. In any delinquency or youthful offender proceeding pursuant to the Juvenile Code, if the child who is the subject of the proceeding is thirteen (13) years or older and if the child is not otherwise found to be developmentally disabled, developmentally immature, intellectually disabled, or mentally ill, there exists a rebuttable presumption that the child is competent. Such presumption applies only for making a determination as to whether the child is competent and shall not be used or applicable for any other purpose."
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§ 2-2-401.7: "(C) 3. No child shall be required to participate in competency attainment services for longer than is required to attain competency. The following maximum periods of participation shall apply:
a. if the services are provided, the child shall not participate in those services for a period exceeding six (6) months or upon the child’s 18th birthday, or up to the child’s 19th birthday if ordered by the court in order to complete the six (6) months of treatment, if the child is charged with an act that would be a misdemeanor if committed by an adult,
b. if the services are provided, the child shall not participate for a period exceeding twelve (12) months or upon the child’s 18th birthday, or up to the child’s 19th birthday if ordered by the court in order to complete the twelve (12) months of treatment, if the child is charged as a delinquent or youthful offender for an act that would be a felony if committed by an adult.
[...]
(G) 2. If the court determines that the child has not or will not attain competency within the relevant period of time as set forth in subparagraph a of paragraph 3 of subsection C of this section, the court shall dismiss the delinquency or youthful offender charge without prejudice."
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Oregon
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§ 419C.378 et seq.
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§ 419C.378: "(1) A court may find that a youth is unfit to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005 if, as a result of a qualifying mental disorder or another condition, the youth is unable:
(a) To understand the nature of the proceedings against the youth;
(b) To assist and cooperate with the counsel for the youth; or
(c) To participate in the defense of the youth.
[...]
(3) The issue of fitness to proceed must be raised by written motion filed by a party to the proceeding or by the court on its own motion. The motion may be made at any time after the filing of the petition. The court shall stay the proceedings on the petition after the motion is made and may order the youth to participate in an evaluation under ORS 419C.380 to determine the youth's fitness to proceed if the court determines that:
(a) There is reason to doubt the youth's fitness to proceed; and
(b) There is probable cause to believe that the factual allegations contained in the petition are true."
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No; § 419C.378: (2) A court may not find that a youth is unfit to proceed in a proceeding solely because: (a) Of the age of the youth [...]"
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§ 419C.392: "(2) If the court finds that the youth is unfit to proceed and that there is not a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396, the court shall:
(a) Immediately enter a judgment that dismisses the petition alleging jurisdiction under ORS 419C.005 without prejudice; or
(b) If necessary for planning or instituting an alternative proceeding, then not more than five days after the findings are made enter a judgment that dismisses the petition without prejudice.
(3)(a) If the court finds that the youth is unfit to proceed and that there is a substantial probability that the youth will gain or regain fitness to proceed in the foreseeable future if provided restorative services under ORS 419C.396, the court shall continue the order under ORS 419C.378 staying the proceedings and order that the youth receive restorative services under ORS 419C.396.
(b) The court shall forward the order for restorative services to the Oregon Health Authority.
(c) Unless otherwise specifically ordered, the court's order for restorative services does not commit the youth to the custody of the authority or alter the guardianship of the youth."
§ 419C.396: "(7) If the court finds under subsection (2) or (3) of this section that a youth remains unfit to proceed, the youth shall be discharged within a period of time that is reasonable for making a determination whether the youth presents a substantial probability of gaining or regaining fitness to proceed. Regardless of the number of acts the petition alleging jurisdiction under ORS 419C.005 alleges that the youth committed, the youth may not be continued in restorative services for longer than whichever of the following, measured from the date the petition is filed, is shorter:
(a) Three years; or
(b) The period of time that is equal to the maximum commitment the court could have imposed if the petition had been adjudicated."
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Pennsylvania
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Puerto Rico
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Rhode Island
|
n/a
|
n/a
|
n/a
|
n/a
|
|
South Carolina
|
n/a
|
n/a
|
n/a
|
n/a
|
|
South Dakota
|
§ 26-7A-32.1 et seq.
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§ 26-7A-32.3: "The issue as to a juvenile’s competency to proceed may be raised by the juvenile, by the state, or sua sponte by the court at any point in the juvenile proceeding if there is reasonable cause to believe the juvenile is suffering from a mental illness or developmental disability rendering the juvenile incompetent to proceed."
§ 26-7A-32.4: "If the court determines that a competency determination is necessary, the court shall order the juvenile be examined by a licensed psychiatrist or psychologist who is familiar with the clinical evaluation of juveniles. The examination shall take place within thirty days of the court's order unless good cause is shown for a delay."
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Not specified.
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§ 26-7A-32.11: "[If] the court finds that the juvenile is not competent to proceed, but additionally finds that there exists a substantial probability that the juvenile will be competent in the foreseeable future, the court shall continue the suspension of the proceedings and may refer the juvenile to an approved facility for evaluation and treatment of the mental health and behavioral needs identified in the report of the examiner [...]
The juvenile shall be examined and a report forwarded to the court relating to the juvenile’s competency to proceed and its reasons at the following intervals following referral: at the end of sixty days or sooner; at the end of one hundred eighty days; and at the end of one year [...]
If more than one year has elapsed since the suspension of the proceedings, the court shall promptly hold a hearing to determine whether there exists a substantial probability that the juvenile will be competent in the foreseeable future. The burden of proof is on the state in any such hearing. If the court finds that there does not exist a substantial probability that the juvenile will be competent in the foreseeable future, the court shall review the juvenile's condition to determine appropriate placement and may dismiss the petition or, if post-adjudication, may vacate the adjudication order and dismiss the petition."
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Tennessee
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Tennessee Rules of Juvenile Procedure, Rule 207
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"(1) If at any time prior to or during the adjudicatory hearing in a delinquent or unruly case, the court has reasonable grounds to believe the child named in the petition may be incompetent to proceed with an adjudicatory hearing, the court shall stay the proceedings pending a determination of the child's competency to stand trial. Reasonable grounds to believe that the child is incompetent to proceed may be based upon an oral or written motion by any party or upon the court's own initiative."
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Not specified.
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Not specified; "(5) If the child is found to be incompetent to proceed with the adjudicatory hearing, the adjudication shall be stayed pending further proceedings and time limits shall be tolled. If the court finds that the provision of services or treatment to the child may result in the child achieving competence, then the court may order such treatment or services. In addition, the court may inform the parties as to procedures for voluntary admission to public and private mental health facilities in lieu of judicial commitment."
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|
Texas
|
Family Code § 51.20 et seq.
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§ 51.20: "(a) At any stage of the proceedings under this title, including when a child is initially detained in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility, the juvenile court may, at its discretion or at the request of the child's parent or guardian, order a child who is referred to the juvenile court or who is alleged by a petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision to be examined by a disinterested expert, including a physician, psychiatrist, or psychologist, qualified by education and clinical training in mental health or intellectual disability and experienced in forensic evaluation, to determine whether the child has a mental illness as defined by Section 571.003, Health and Safety Code, is a person with an intellectual disability as defined by Section 591.003, Health and Safety Code, or suffers from chemical dependency as defined by Section 464.001, Health and Safety Code."
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Not specified.
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Not specified.
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|
Utah
|
§ 80-6-401 et seq.
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§ 80-6-401: "(2) If a petition is filed under Section 80-6-305, or a criminal information is filed under Section 80-6-503, in the juvenile court, a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed.
(3) The written motion shall contain:
(a) a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:
(i) a mental illness;
(ii) an intellectual disability or a related condition; or
(iii) developmental immaturity;"
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Not specified.
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§ 80-6-402: "(d)(i) If the juvenile court enters a finding [not competent to proceed without a substantial probability that the minor may attain competency in the foreseeable future] the juvenile court shall terminate the competency proceeding, dismiss the charges against the minor without prejudice, and release the minor from any custody order related to the pending proceeding, unless the prosecutor informs the court that commitment proceedings will be initiated [...]"
§ 80-6-403: " (12) If the minor does not attain competency within six months after the juvenile court initially finds the minor not competent to proceed, the court shall terminate the competency proceedings and dismiss the petition or information filed without prejudice, unless good cause is shown that there is a substantial likelihood the minor will attain competency within one year from the initial finding of not competent to proceed."
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|
Vermont
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Virgin Islands
|
Virgin Islands Rules of Family Division Procedure, Rule 34.
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"(a) In General.The issue of a child's competence to be subject to delinquency proceedings may be raised by motion of any party, or upon the court's own motion, at any stage of the proceedings.
[...]
(2) Mental Examination. Competence shall be determined through a mental examination conducted by a psychologist or psychiatrist approved by the court. In addition to the factors ordinarily considered in determining competence in criminal proceedings, the examiner shall consider the following as appropriate to the circumstances of the child:
(A) the age and developmental maturity of the child;
(B) whether the child suffers from mental illness or a developmental disorder, including mental retardation;
(C) whether the child has any other disability that affects the child's competence; and
(D) any other factor that affects the child's competence."
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Not specified.
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"(8) Further Reports and Hearing on Competency. Not later than 6 months after the date of commitment, or at the end of any period of extended treatment or training, or at any time the service provider determines the child has attained competency or no longer meets the criteria for commitment, the service provider must file a report with the court and all parties. Upon receipt of this report, the court shall set a hearing to determine the child's competency.
(A) If the court determines that the child continues to remain incompetent, the court shall order appropriate non delinquent treatment in conformity with this rule and the applicable provisions of the Virgin Islands Code.
[...]
(10) Continuing Jurisdiction and Dismissal of Proceedings.
(A) If a child is determined to be incompetent to proceed, the court shall retain jurisdiction of the child for up to two years after the date of the order of incompetency, with reviews at least every 6 months to determine competency. If the court determines at any time that the child will never become competent to proceed, the court may dismiss the delinquency complaint or complaint alleging violation of juvenile probation.
(B) If, at the end of the two-year period following the date of the order of incompetency, the child has not attained competency and there is no evidence that the child will attain competency within a year, the court must dismiss the delinquency complaint."
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Virginia
|
§ 16.1-356 et seq.
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§ 16.1-356: "A. If, at any time after the attorney for the juvenile has been retained or appointed pursuant to a delinquency proceeding and before the end of trial, the court finds, sua sponte or upon hearing evidence or representations of counsel for the juvenile or the attorney for the Commonwealth, that there is probable cause to believe that the juvenile lacks substantial capacity to understand the proceedings against him or to assist his attorney in his own defense, the court shall order that a competency evaluation be performed by at least one psychiatrist, clinical psychologist, licensed professional counselor, licensed clinical social worker, or licensed marriage and family therapist, who is qualified by training and experience in the forensic evaluation of juveniles."
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Not specified.
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16.1-357: "(B) If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it shall order restoration services for up to three months. At the end of three months from the date restoration is ordered under subsection A of this section, if the juvenile remains incompetent in the opinion of the agent providing restoration, the agent shall so notify the court and make recommendations concerning disposition of the juvenile. The court shall hold a hearing according to the procedures specified in subsection F of § 16.1-356 and, if it finds the juvenile unrestorably incompetent, shall order one of the dispositions pursuant to § 16.1-358. If the court finds the juvenile incompetent but restorable to competency, it may order continued restoration services for additional three-month periods, provided a hearing pursuant to subsection F of § 16.1-356 is held at the completion of each such period and the juvenile continues to be incompetent but restorable to competency in the foreseeable future."
§ 16.1-358: "If the court finds that the juvenile is incompetent and is likely to remain so for the foreseeable future, it shall order that the juvenile (i) be committed pursuant to Article 16 (§ 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) be certified pursuant to § 37.2-806, (iii) have a child in need of services petition filed on his behalf pursuant to § 16.1-260 D, or (iv) be released. If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it may order restoration services continued until three months have elapsed from the date of the provision of restoration ordered under subsection A of § 16.1-357.
If not dismissed without prejudice at an earlier time, charges against an unrestorably incompetent juvenile shall be dismissed in compliance with the time frames as follows: in the case of a charge which would be a misdemeanor, one year from the date of the juvenile's arrest for such charge; and in the case of a charge which would be a felony, three years from the date of the juvenile's arrest for such charges."
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|
Washington
|
n/a
|
n/a
|
n/a
|
n/a
|
|
West Virgina
|
§ 49-4-727 et seq.
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(b) if the juvenile's competency raises a issue, all proceedings shall be stayed until the issue of competency is resolved.
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Yes; rebuttable presumption of imcompetence for minors under 13 per § 49-4-727: "(b) In any delinquency proceeding pursuant to this article, a juvenile 13 years of age or older is presumed to be competent. If a juvenile’s attorney, the prosecuting attorney, or the court raise the issue of competency, all adjudication or disposition proceedings shall be stayed until the issue of competency is resolved: Provided, That the juvenile’s attorney, guardian ad litem, or prosecuting attorney may seek, or the court may order, any pre-adjudicatory procedures or case specific alternatives permitted by the Rules of Juvenile Procedure while the issue of competency is pending. A juvenile has the burden of proof to rebut this presumption by showing incompetency by a preponderance of the evidence.
(c) In any delinquency proceeding pursuant to this article, if the juvenile is under 13 years of age, there exists a rebuttable presumption that he or she is incompetent to be adjudicated, unless judicially determined to be competent pursuant to the procedures set forth in § 49-4-728 through § 49-4-734 of this code: Provided, That the juvenile’s attorney, guardian ad litem, or prosecuting attorney may seek, or the court may order, any pre-adjudicatory procedures or case specific alternatives permitted by the Rules of Juvenile Procedure or any disposition alternatives set forth in § 49-4-734 of this code for a juvenile presumed incompetent. The state has the burden of proof to rebut this presumption by showing competency by a preponderance of the evidence."
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49-4-733: "(3) A juvenile shall not be required to participate in competency attainment services for longer than is necessary to attain competency or after the court determines that there is no reasonable likelihood that competency can be attained. The following maximum time limits apply to the participation of a juvenile:
(A) A juvenile charged with an act which would constitute a misdemeanor or nonviolent felony if committed by an adult shall not be required to participate in competency attainment services beyond his or her 19th birthday and there shall be a rebuttable presumption that competency is not attainable if the juvenile has not attained competency after 90 days of services.
(B) A juvenile charged with an act which would constitute a felony crime of violence if committed by an adult shall not be required to participate in competency attainment services beyond his or her 21st birthday and there shall be a rebuttable presumption that competency is not attainable if the juvenile has not attained competency after 180 days of services."
§ 49-4-734: "[...] if the court determines by the preponderance of the evidence that the juvenile is incompetent to proceed and cannot attain competency within the period of time set forth in § 49-4-733(b)(3) of this code, the court may dismiss the petition without prejudice [...]"
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|
Wisconsin
|
§ 938.295
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"(2) Not competent or not responsible. (a) If there is probable cause to believe that the juvenile has committed the alleged offense and if there is reason to doubt the juvenile's competency to proceed, or upon entry of a plea under s. 938.30(4)(c), the court shall order the juvenile to be examined by a psychiatrist or licensed psychologist [...]"
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Not specified.
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Not specified; "(2)(c). Evaluation shall be made on an outpatient basis unless the juvenile presents a substantial risk of physical harm to the juvenile or others; or the juvenile, parent, or guardian, and legal counsel or guardian ad litem, consent to an inpatient evaluation. An inpatient evaluation shall be completed in a specified period that is no longer than necessary."
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|
Wyoming
|
§ 14-6-219
|
§ 14-6-219: "(a) Any time after the filing of a petition, on motion of the district attorney or the child's parents, guardian, custodian or attorney or on motion of the court, the court may order the child to be examined by a licensed and qualified physician, surgeon, psychiatrist or psychologist designated by the court to aid in determining the physical and mental condition of the child. The examination shall be conducted on an outpatient basis, but the court may commit the child to a suitable medical facility or institution for examination if deemed necessary [...]"
|
Not specified.
|
Not specified; "(c) If it appears to the court by mental examination conducted before adjudication of the petition that a child alleged to be delinquent is incompetent to participate in further proceedings by reason of mental illness or intellectual disability to a degree rendering the child subject to involuntary commitment to the Wyoming state hospital or the Wyoming life resource center, the court shall hold further proceedings under this act in abeyance. The district attorney shall then commence proceedings in the district court for commitment of the child to the appropriate institution as provided by law.
(d) The juvenile court shall retain jurisdiction of the child on the petition pending final determination of the commitment proceedings in the district court. If proceedings in the district court commit the child to the Wyoming state hospital, the Wyoming life resource center or any other facility or institution for treatment and care of people with a mental illness or an intellectual disability, the petition shall be dismissed and further proceedings under this act terminate. If proceedings in the district court determine the child does not have a mental illness or an intellectual disability to a degree rendering him subject to involuntary commitment, the court shall proceed to a final adjudication of the petition and disposition of the child under the provisions of this act."
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