The bill amends existing laws concerning the competency evaluation of children involved in delinquency proceedings. It requires that reports from qualified professionals include an assessment of a child's competency for adjudication and, if found incompetent, whether they qualify for involuntary placement. New provisions for community-based competency restoration are introduced for non-dangerous children, alongside a defined list of serious crimes that may lead to criminal commitment. The bill also establishes timelines for competency hearings based on the nature of the alleged offense and permits the use of evaluation reports by children's court attorneys.

Additionally, the bill outlines specific procedures for determining a child's competency, including a mandated review hearing within ninety days of involuntary placement or commitment. If a child is deemed not competent, the court must evaluate any potential danger they may pose and may order treatment programs aimed at restoring competency. Should a child be unlikely to regain competency within nine months, the court can take alternative actions, such as dismissing the petition or initiating involuntary placement proceedings. The bill emphasizes timely evaluations and progress reports to ensure that children's rights and treatment needs are prioritized throughout the legal process.

Statutes affected:
introduced version: 32A-2-21