Competency to proceed.

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  • (1) If a petition is filed under Section 80-6-305, or a criminal information is filed under Section 80-6-503, in the juvenile court , a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed.
  • (2) The written motion shall contain:
    • (a) a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:
      • (i) a mental illness;
      • (ii) an intellectual disability or a related condition; or
      • (iii) developmental immaturity;
    • (b) a recital of the facts, observations, and conversations with the minor that have formed the basis for the motion; and
    • (c) if filed by defense counsel, the motion shall contain information that can be revealed without invading the lawyer-client privilege.
  • (3) The motion may be:
    • (a) based upon knowledge or information and belief; and
    • (b) filed by:
      • (i) the minor alleged not competent to proceed;
      • (ii) any person acting on the minor's behalf;
      • (iii) the prosecuting attorney;
      • (iv) the attorney guardian ad litem; or
      • (v) any person having custody or supervision over the minor.
  • (4)
    • (a) The juvenile court may raise the issue of a minor's competency at any time.
    • (b) If raised by the juvenile court, counsel for each party shall be permitted to address the issue of competency.
    • (c) The juvenile court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.




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