Restoration to Competency; Remediation Orders and Reports

1. Law
2. Georgia Code
3. Courts
4. Juvenile Code
5. Competency in Delinquency or Child in Need of Services Cases
6. Restoration to Competency; Remediation Orders and Reports

1. All competency remediation service orders issued by the court shall contain:
   1. The name of the competency remediation service program provider and the location of the program;
   2. A statement of the arrangements for a child's transportation to the program site;
   3. The length of the competency remediation service program;
   4. A statement of the arrangements for a child's transportation after the program ends; and
   5. A direction concerning the frequency of reports required by the court.
2. DBHDD or a licensed psychologist or psychiatrist shall file a written report with the court:
   1. Not later than six months after the date the court orders that competency remediation be attempted but prior to the first review hearing;
   2. Every six months after the first review hearing if a child remains incompetent to proceed and under an order for remediation;
   3. At any time DBHDD or a licensed psychologist or psychiatrist opines a child has attained competency; or
   4. At shorter intervals designated by the court in its competency remediation order.
3. DBHDD or the licensed psychologist or psychiatrist written report shall include, but not be limited to:
   1. Whether a child's competency can be remediated or whether a child is likely to remain incompetent to proceed for the foreseeable future;
   2. Whether additional time is needed to remediate a child's competency; and
   3. If a child has attained competency, the effect, if any, of any limitations that are imposed by any medication or other treatment used in the effort to remediate competency.

(Code 1981, §15-11-657, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

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