Section 401 – Definitions — Competency to proceed.
Effective 5/4/2022 80-6-401. Definitions — Competency to proceed. (1) As used in this part: (a) “Competency” or “competent to proceed” means that a minor has: (i) a present ability to consult with counsel with a reasonable degree of rational understanding; and (ii) a rational as well as factual understanding of the proceedings. (b) “Competency evaluation” […]
Section 402 – Procedure — Standard.
Effective 5/4/2022 80-6-402. Procedure — Standard. (1) When a written motion is filed in accordance with Section 80-6-401 raising the issue of a minor’s competency to proceed, or when the juvenile court raises the issue of a minor’s competency to proceed, the juvenile court shall stay all proceedings under this chapter . (2) (a) If […]
Section 403 – Disposition on finding of not competent to proceed — Subsequent hearings — Notice to prosecuting attorneys.
Effective 5/4/2022 80-6-403. Disposition on finding of not competent to proceed — Subsequent hearings — Notice to prosecuting attorneys. (1) If the juvenile court determines that the minor is not competent to proceed, and there is a substantial likelihood that the minor may attain competency in the foreseeable future, the juvenile court shall notify the […]