Sec. 5. As soon as practicable after receiving the written competency evaluation, the court shall determine whether the child is competent for adjudication or disposition. Upon a motion by any party, the court shall conduct a hearing to determine competency. The child has:

(1) the right to notice;

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Terms Used In Indiana Code 31-37-26-5

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) the opportunity to participate personally at the hearing;

(3) the right to present evidence; and

(4) the right to be represented by counsel. If the child is indigent, the court shall appoint counsel for the child.

The party alleging that the child is not competent has the burden of proving that the child is not competent by a preponderance of the evidence.

As added by P.L.157-2021, SEC.3.

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