Title 15, Chapter 11, Section 154
( 15-11-154)
(a) If at any time following an adjudication of dependency, the
court determines that the child is a resident of a county of this
state other than the county in which the court sits, the court may
transfer the proceeding to the county of the child's residence
unless the act alleged would be a felony if committed by an adult.
When any case is transferred pursuant to this Code section,
certified copies of all legal, social history, health, or mental
health records pertaining to the case on file with the clerk of the
court shall accompany the transfer. Compliance with this Code
section shall terminate jurisdiction in the sending court and
initiate jurisdiction in the receiving court. If the child's mental
competency is restored, jurisdiction of the case may be returned to
the sending court. (b) Upon an adjudication of dependency, the court having
jurisdiction of the case shall appoint a plan manager who may be any
guardian ad litem for the child or may be any other person who is
under the supervision of the court. The person so appointed shall
submit a mental competency plan to the court within 30 days of the
court's adjudication of dependency. That plan shall include the
following: (1) The specific deficits the plan is attempting to address,
including supervision, mental competency, or mental competency
restoration; (2) An outline of the specific provisions for supervision of the
child for protection of the community and the child; (3) An outline of a plan designed to provide for treatment,
habilitation, support, or supervision services achievable within
the limits of current resources; and (4) Identification of all parties, including the child, agency
representatives, and other persons responsible for each element of
the plan. The court in its discretion may grant the plan manager an extension
in filing the mental competency plan. (c)(1) The mental competency plan shall be developed at a meeting
of all relevant parties convened by the plan manager. The plan
manager shall request that the following persons attend the
meeting: (A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child; (C) The attorney representing the state; (D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives; (F) Any probation officer or caseworker who works with the
child; and
(G) A representative from the child's school. (2) The plan manager may request that other relevant persons
attend the mental competency plan meeting including but not
limited to the following: (A) A representative from the division of public health; (B) A child protective services worker; (C) Representatives of the public and private resources to be
utilized in the plan; and (D) Any family member of the child who has shown an interest and
involvement in the child's well-being. (3) The plan manager shall be responsible for collecting all
previous histories of the child, including but not limited to
previous evaluations, assessments, and school records, and for
making such histories available for consideration by the persons
at the meeting. |