Mental Competency Hearing; Burden of Proof; Notice; Rights During Hearing; Procedure; Findings

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Competency in Delinquency or Child in Need of Services Cases
  6. Mental Competency Hearing; Burden of Proof; Notice; Rights During Hearing; Procedure; Findings

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  1. A hearing to determine if a child is incompetent to proceed shall be conducted within 60 days after the initial court order for evaluation. The hearing may be continued by the court for good cause shown.
  2. Written notice shall be given to all parties and the victim at least ten days prior to such hearing.
  3. The burden of proving that a child is incompetent to proceed shall be on such child. The standard of proof necessary for proving mental competency shall be a preponderance of the evidence.
  4. At the hearing to determine incompetency to proceed, a child's attorney and the prosecuting attorney shall have the right to:
    1. Present evidence;
    2. Call and examine witnesses;
    3. Cross-examine witnesses; and
    4. Present arguments.
  5. The examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both a child's attorney and the prosecuting attorney.
  6. The court's findings of fact shall be based on any evaluations of a child's mental condition conducted by licensed psychologists or psychiatrists appointed by the court, any evaluations of a child's mental condition conducted by independent licensed psychologists or psychiatrists hired by the parties, and any additional evidence presented.
  7. If the court finds that a child is not incompetent to proceed, the proceedings which have been suspended shall be resumed. The time limits under Article 5 or 6 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding such child mentally competent.
  8. Copies of the court's findings shall be given to the parties within ten days following the issuance of such findings.

(Code 1981, §15-11-655, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)


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