Title 15, Chapter 11, Section 155
( 15-11-155)
(a) The court shall hold a disposition hearing for the purpose of
approving the mental competency plan within 30 days after the mental
competency plan has been submitted to the court. Thereafter, the
court shall hold a hearing for the purpose of reviewing the child's
condition and approving the mental competency plan every six months
during the child's dependency. Before the disposition hearing and
any review hearings, the plan manager shall be responsible for
convening a meeting of all parties, representatives of all agencies,
and other persons responsible for the plan and for identifying to
the court any persons who should provide testimony at such hearing. (b) The persons required to be notified of the mental competency
hearing and witnesses identified by the plan manager shall be given
at least ten days' prior notice of the disposition hearing and any
subsequent hearing to review the child's condition and shall be
afforded an opportunity to be heard at any such hearing. The
victim, if any, of the child's delinquent or unruly act shall also
be provided with the same ten days' prior notice regarding any such
hearing and shall be afforded an opportunity to be heard and to
present a victim impact statement to the court at any such hearing.
The judge shall make a determination regarding sequestration of
witnesses in order to protect the privileges and confidentiality
rights of the child. (c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. If, upon subsequent review, the court determines that the child may be mentally competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the child's mental competency. (d) At any time, in the event of a change in circumstances regarding
the child, the court on its own motion or on the motion of the
attorney representing the child, any guardian ad litem for the
child, the attorney for the state, or the plan manager may set a
hearing for review of the mental competency plan and any proposed
amendments to that plan. The court may issue an appropriate order
incorporating an amended mental competency plan. (e) At the disposition hearing and at every review hearing, the
court shall consider whether the petition alleging delinquency or
unruliness should be withdrawn, maintained, or dismissed, without
prejudice, upon grounds other than the child's not being mentally
competent. If the court dismisses the petition, the state may seek
to refile petitions alleging felonies if the child is later
determined to be mentally competent. The state may also seek
transfer to superior court if the child is later determined to be
mentally competent. (f) The district attorney or a member of his or her staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant Code provisions for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (g)(1) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (o) of Code Section 15-11-58. (2) If the court determines that a child alleged to have committed
an act which is a misdemeanor if committed by an adult or an
unruly act is not mentally competent and the child is adjudicated
as a dependent, the court shall retain jurisdiction of the child
for up to 120 days following the disposition order incorporating
the mental competency plan. The order may not be extended by the
court. (h) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, 15-11-154, and this Code section and shall enter findings of fact as to the child's mental competency. (i) If a child is under a mental competency plan when the child
reaches the age of 18, the plan manager shall make a referral to
appropriate adult services. |