Title 15, Chapter 11, Section 152
( 15-11-152)
(a) If at any time after the filing of a petition alleging
delinquency or unruliness the court has reason to believe that the
child named in the petition may not be mentally competent, the court
on its own motion or on the motion of the attorney representing the
child, any guardian ad litem for the child, or the attorney
representing the state may stay all delinquency or unruly conduct
proceedings relating to that petition and order an evaluation of
the child's mental condition. All time limits under Article 1 of
this chapter for adjudication and disposition of that petition are
tolled during the evaluation, adjudication, and disposition phases
of the mental competency proceeding. (b) An evaluation ordered under subsection (a) of this Code section
shall be conducted by a qualified examiner who shall consider
whether the child is mentally competent. If the basis for
questioning the child's mental competency concerns a problem with
intellectual functioning, mental retardation, or a learning
disability, the qualified examiner must be a licensed psychologist.
The probation officers of juvenile court shall provide the qualified
examiner with any law enforcement or court records necessary for
understanding the petition alleging delinquency or unruliness. The
attorney for the child may provide the qualified examiner with any
records from any other available sources that are deemed necessary
for the mental competency evaluation. (c) A qualified examiner who conducts an evaluation under subsection
(b) of this Code section shall submit a written report to the court,
within 30 days from receipt of the court order requiring the
evaluation, which report shall contain the following: (1) The reason for the evaluation; (2) The evaluation procedures used, including any psychometric
instruments administered, any records reviewed, and the identity
of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis
and description of any psychiatric symptoms, cognitive deficiency,
or both; (5) A description of abilities and deficits in the following
mental competency functions: (A) The ability to understand and appreciate the nature and
object of the proceedings; (B) The ability to comprehend his or her situation in relation
to the proceedings; and (C) The ability to render assistance to the defense attorney in
the preparation of his or her case; (6) An opinion regarding the potential significance of the child's
mental competency, strengths, and deficits; and (7) An opinion regarding whether or not the child should be
considered mentally competent. (d) If, in the opinion of the qualified examiner, the child should
not be considered mentally competent, the evaluation report shall
also include the following: (1) A diagnosis made as to whether there is a substantial
probability that the child will attain mental competency to
participate in adjudication, a disposition hearing, and a transfer
hearing in the foreseeable future; (2) Recommendations for the general level and type of remediation
necessary for significant deficits; and (3) Recommendations for modifications of court procedure which may
help compensate for mental competency weaknesses. (e) The court in its discretion may grant the qualified examiner an
extension in filing the evaluation report. (f) Copies of the written evaluation report shall be provided by the
court to the attorney representing the child, the attorney
representing the state, the district attorney or a member of his or
her staff, and any guardian ad litem for the child no later than
five working days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's
own motion, the court may order additional examinations by other
qualified examiners. In no event shall more than one examination be
conducted by a qualified examiner employed by the Department of
Human Resources. (h) No statement made by a child or information obtained in the
course of an evaluation, hearing, or other proceeding provided for
in this Code section, whether the evaluation is with or without the
consent of the child, shall be admitted into evidence against the
child in any future proceeding in the state's case-in-chief. |