Stay of Proceedings Regarding Child Who May Not Be Mentally Competent to Stand Trial; Appointment of Attorney; Tolling of Time Periods

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Competency in Delinquency or Child in Need of Services Cases
  6. Stay of Proceedings Regarding Child Who May Not Be Mentally Competent to Stand Trial; Appointment of Attorney; Tolling of Time Periods

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  1. If at any time after the filing of a petition alleging delinquency or that a child is a child in need of services the court has reason to believe that the child named in the petition may be incompetent to proceed, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, such child's parent, guardian, or legal custodian, or the prosecuting attorney shall stay all proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation of and report on such child's mental condition.
  2. When a delinquency petition is filed alleging a child under the age of 13 has committed a serious violent felony, as defined in Code Section 17-10-6.1, the court shall stay all delinquency proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation and report concerning such child's mental condition.
  3. Any motion, notice of hearing, order, or other pleading relating to a child's incompetency to proceed shall be served upon him or her, his or her attorney, his or her guardian ad litem, if any, his or her parent, guardian, or legal custodian, and the prosecuting attorney.
  4. Prior to the administration of any evaluation, the court shall appoint an attorney to represent a child if he or she is not yet represented by an attorney.
  5. All time limits set forth in Articles 5 and 6 of this chapter for adjudication and disposition of a delinquency or a child in need of services proceeding shall be tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding and during provision of competency remediation services.

(Code 1981, §15-11-652, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)


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