Court's Duty When Child Found Unrestorably Incompetent to Proceed

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Competency in Delinquency or Child in Need of Services Cases
  6. Court's Duty When Child Found Unrestorably Incompetent to Proceed

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If at any time after a child is adjudicated to be incompetent to proceed due to age, immaturity, or for any reason other than mental illness or developmental disability and is ordered to undergo competency remediation services and DBHDD determines that such child is likely to remain incompetent to proceed for the foreseeable future, DBHDD shall submit a report and its conclusions to the court. Upon receipt of such report, the court shall:

  1. Make a competency determination;
  2. Order that the applicable petition be dismissed; and
  3. Order that a plan manager be appointed and that the procedures for a comprehensive services plan be initiated under Article 5 of this chapter.

(Code 1981, §15-11-659, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)


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