(1) When a written motion is filed in accordance with Section 80-6-401 raising the issue of a minor‘s competency to proceed, or when the juvenile court raises the issue of a minor’s competency to proceed, the juvenile court shall stay all proceedings under this chapter .
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Terms Used In Utah Code 80-6-402

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
  • competent to proceed: means that a minor has:
              (1)(a)(i) a present ability to consult with counsel with a reasonable degree of rational understanding; and
              (1)(a)(ii) a rational as well as factual understanding of the proceedings. See Utah Code 80-6-401
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
  • Developmental immaturity: means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to:
         (26)(a) consult with counsel with a reasonable degree of rational understanding; and
         (26)(b) have a rational as well as factual understanding of the proceedings. See Utah Code 80-1-102
  • 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.
  • Forensic evaluator: means the same as that term is defined in Section 77-15-2. See Utah Code 80-6-401
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
         (35)(a) marriage;
         (35)(b) enlistment in the armed forces;
         (35)(c) major medical, surgical, or psychiatric treatment; or
         (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
  • Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
  • Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102
  • Mental illness: means :
         (53)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
         (53)(b) the same as that term is defined in:
              (53)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or
              (53)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 80-1-102
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
         (54)(a) a child; or
         (54)(b) an individual:
              (54)(b)(i)
                   (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;
              (54)(b)(ii)
                   (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and
                   (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or
              (54)(b)(iii)
                   (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
  • Not competent to proceed: means an individual is not competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
  • Prosecuting attorney: means :
         (65)(a) the attorney general and any assistant attorney general;
         (65)(b) any district attorney or deputy district attorney;
         (65)(c) any county attorney or assistant county attorney; and
         (65)(d) any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102
  • Related condition: means a condition that:
              (69)(a)(i) is found to be closely related to intellectual disability;
              (69)(a)(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual;
              (69)(a)(iii) is likely to continue indefinitely; and
              (69)(a)(iv) constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)

     (2)(a) If a motion for inquiry is opposed by either party, the juvenile court shall, before granting or denying the motion, hold a limited hearing solely for the purpose of determining the sufficiency of the motion.
     (2)(b) If the juvenile court finds that the allegations of incompetency raise a bona fide doubt as to the minor’s competency to proceed, the juvenile court shall:

          (2)(b)(i) enter an order for an evaluation of the minor’s competency to proceed; and
          (2)(b)(ii) set a date for a hearing on the issue of the minor’s competency.
(3) After the granting of a motion, and before a full competency hearing, the juvenile court may order the department to evaluate the minor and to report to the juvenile court concerning the minor’s mental condition.
(4) The minor shall be evaluated by a forensic evaluator who:

     (4)(a) has experience in juvenile forensic evaluations and juvenile brain development;
     (4)(b) if it becomes apparent that the minor is not competent due to an intellectual disability or related condition, has experience in intellectual disability or related conditions; and
     (4)(c) is not involved in the current treatment of the minor.
(5) The petitioner or other party, as directed by the juvenile court, shall provide all information and materials relevant to a determination of the minor’s competency to the department within seven days of the juvenile court’s order, including:

     (5)(a) the motion;
     (5)(b) the arrest or incident reports pertaining to the charged offense;
     (5)(c) the minor’s known delinquency history information;
     (5)(d) the minor’s probation record relevant to competency;
     (5)(e) known prior mental health evaluations and treatments; and
     (5)(f) consistent with 20 U.S.C. § 1232g (b)(1)(E)(ii)(I), records pertaining to the minor’s education.
(6)

     (6)(a) The minor’s parent or guardian, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem, shall cooperate, by executing releases of information when necessary, in providing the relevant information and materials to the forensic evaluator, including:

          (6)(a)(i) medical records;
          (6)(a)(ii) prior mental evaluations; or
          (6)(a)(iii) records of diagnosis or treatment of substance abuse disorders.
     (6)(b) The minor shall cooperate, by executing a release of information when necessary, in providing the relevant information and materials to the forensic evaluator regarding records of diagnosis or treatment of a substance abuse disorder.
(7)

     (7)(a) In conducting the evaluation and in the report determining if a minor is competent to proceed, the forensic evaluator shall inform the juvenile court of the forensic evaluator’s opinion whether:

          (7)(a)(i) the minor has a present ability to consult with counsel with a reasonable degree of rational understanding; and
          (7)(a)(ii) the minor has a rational as well as factual understanding of the proceedings.
     (7)(b) In evaluating the minor, the forensic evaluator shall consider the minor’s present ability to:

          (7)(b)(i) understand the charges or allegations against the minor;
          (7)(b)(ii) communicate facts, events, and states of mind;
          (7)(b)(iii) understand the range of possible penalties associated with the allegations against the minor;
          (7)(b)(iv) engage in reasoned choice of legal strategies and options;
          (7)(b)(v) understand the adversarial nature of the proceedings against the minor;
          (7)(b)(vi) manifest behavior sufficient to allow the juvenile court to proceed;
          (7)(b)(vii) testify relevantly; and
          (7)(b)(viii) any other factor determined to be relevant to the forensic evaluator.
(8)

     (8)(a) The forensic evaluator shall provide an initial report to the juvenile court, the prosecuting and defense attorneys, and the attorney guardian ad litem, if applicable, within 30 days of the receipt of the juvenile court’s order.
     (8)(b) If the forensic evaluator informs the juvenile court that additional time is needed, the juvenile court may grant, taking into consideration the custody status of the minor, up to an additional 15 days to provide the report to the juvenile court and counsel.
     (8)(c) The forensic evaluator must provide the report within 45 days from the receipt of the juvenile court’s order unless, for good cause shown, the juvenile court authorizes an additional period of time to complete the evaluation and provide the report.
     (8)(d) The report shall inform the juvenile court of the forensic evaluator’s opinion concerning the minor’s competency.
(9) If the forensic evaluator’s opinion is that the minor is not competent to proceed, the report shall indicate:

     (9)(a) the nature of the minor’s:

          (9)(a)(i) mental illness;
          (9)(a)(ii) intellectual disability or related condition; or
          (9)(a)(iii) developmental immaturity;
     (9)(b) the relationship of the minor’s mental illness, intellectual disability, related condition, or developmental immaturity to the minor’s incompetence;
     (9)(c) whether there is a substantial likelihood that the minor may attain competency in the foreseeable future;
     (9)(d) the amount of time estimated for the minor to achieve competency if the minor undergoes competency attainment treatment, including medication;
     (9)(e) the sources of information used by the forensic evaluator; and
     (9)(f) the basis for clinical findings and opinions.
(10) Regardless of whether a minor consents to a competency evaluation, any statement made by the minor in the course of the competency evaluation, any testimony by the forensic evaluator based upon any statement made by the minor in the competency evaluation, and any other fruits of the statement made by the minor in the competency evaluation:

     (10)(a) may not be admitted in evidence against the minor in a proceeding under this chapter, except the statement may be admitted on an issue respecting the mental condition on which the minor has introduced evidence; and
     (10)(b) may be admitted where relevant to a determination of the minor’s competency.
(11) Before evaluating the minor for a competency evaluation, a forensic evaluator shall specifically advise the minor, and the minor’s parent or guardian if reasonably available, of the limits of confidentiality as provided under Subsection (10).
(12) When the report is received, the juvenile court shall set a date for a competency hearing that shall be held in not less than five and not more than 15 days, unless the juvenile court enlarges the time for good cause.
(13)

     (13)(a) A minor shall be presumed competent unless the juvenile court, by a preponderance of the evidence, finds the minor not competent to proceed.
     (13)(b) The burden of proof is upon the proponent of incompetency to proceed.
(14)

     (14)(a) Following the hearing, the juvenile court shall determine by a preponderance of evidence whether the minor is:

          (14)(a)(i) competent to proceed;
          (14)(a)(ii) not competent to proceed with a substantial probability that the minor may attain competency in the foreseeable future; or
          (14)(a)(iii) not competent to proceed without a substantial probability that the minor may attain competency in the foreseeable future.
     (14)(b) If the juvenile court enters a finding described in Subsection (14)(a)(i), the juvenile court shall proceed with the proceedings in the minor’s case.
     (14)(c) If the juvenile court enters a finding described in Subsection (14)(a)(ii), the juvenile court shall proceed in accordance with Section 80-6-403.
     (14)(d)

          (14)(d)(i) If the juvenile court enters a finding described in Subsection (14)(a)(iii), the juvenile court shall terminate the competency proceeding, dismiss the charges against the minor without prejudice, and release the minor from any custody order related to the pending proceeding, unless the prosecutor informs the court that commitment proceedings will be initiated in accordance with:

               (14)(d)(i)(B) if the minor is 18 years old or older, Title 26B, Chapter 5, Part 3, Utah State Hospital and Other Mental Health Facilities; or
               (14)(d)(i)(C) if the minor is a child, Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18.
          (14)(d)(ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated within seven days after the day on which the juvenile court enters the order under Subsection (14)(a), unless the court enlarges the time for good cause shown.
          (14)(d)(iii) The juvenile court may order the minor to remain in custody until the commitment proceedings have been concluded.
(15) If the juvenile court finds the minor not competent to proceed, the juvenile court’s order shall contain findings addressing each of the factors in Subsection (7)(b).

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