(a) If the court determines that the juvenile has attained competency, the court shall proceed with the delinquent juveniles proceeding in accordance with this article.
(b) After a hearing pursuant to 49-4-732 of this code, 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, or may take the following actions or any combination thereof the court determines to be in the juveniles best interest and the interest of protecting the public:
(1) Refer the matter to the department and request a determination on whether a child abuse or neglect petition, pursuant to 49-4-601 et seq. of this code, should be filed;