Title 15, Chapter 11, Section 151
( 15-11-151)
As used in this article, the term: (1) "Dependent" means a child who is alleged to have committed a
delinquent or unruly act, is found not mentally competent by the
court, and has charges pending which have not been dismissed by
the court. (2) "Judge" means any judge, associate judge, or judge pro tempore
of the court exercising jurisdiction over juvenile matters. (3) "Mental competency plan" means an interagency treatment,
habilitation, support, or supervision plan developed at an
interagency meeting of state or local agency representatives,
parties, and other interested persons, which is achievable within
the limits of current resources, following a court's finding that
a child is not mentally competent and dependent upon the court and
submitted to the court for approval as part of the disposition of
the dependency case. The goal of a mental competency plan is
supervision, to bring or restore the child to mental competency
such that he or she is able to participate in adjudication, a
disposition hearing for delinquency or unruliness, or a proceeding
regarding transfer to superior court. (4) "Mental competency proceedings" means hearings conducted to
determine whether a child is mentally competent to participate in
adjudication, a disposition hearing, or a transfer proceeding held
pursuant to this chapter. (5) "Mentally competent" means having sufficient present ability
to understand the nature and objectives of the proceedings,
against himself or herself, to comprehend his or her own situation
in relation to the proceedings, and to render assistance to the
defense attorney in the preparation and presentation of his or her
case in all adjudication, disposition, or transfer hearings held
pursuant to this chapter. (6) "Plan manager" means a person who is under the supervision of
the court and is appointed by the court to convene a meeting of
all relevant parties for the purpose of developing a mental
competency plan. Said person is responsible for collecting all
previous histories of the child including evaluations,
assessments, and school records. (7) "Qualified examiner" means a licensed psychologist or
psychiatrist who has expertise in child development and has
received training in forensic evaluation procedures through formal
instruction, professional supervision, or both. |