(1) When a written motion is filed pursuant to Section 78A-6-1301 raising the issue of a minor's competency to proceed, or when the court raises the issue of a minor's competency to proceed, the juvenile court in which proceedings are pending shall stay all delinquency proceedings.

(2) (a) If a motion for inquiry is opposed by either party, the court shall, prior to granting or denying the motion, hold a limited hearing solely for the purpose of determining the sufficiency of the motion. (b) If the court finds that the allegations of incompetency raise a bona fide doubt as to the minor's competency to proceed, it shall enter an order for an evaluation of the minor's competency to proceed, and shall set a date for a hearing on the issue of the minor's competency.

(a) If a motion for inquiry is opposed by either party, the court shall, prior to granting or denying the motion, hold a limited hearing solely for the purpose of determining the sufficiency of the motion.

(b) If the court finds that the allegations of incompetency raise a bona fide doubt as to the minor's competency to proceed, it shall enter an order for an evaluation of the minor's competency to proceed, and shall set a date for a hearing on the issue of the minor's competency.

(3) After the granting of a motion, and prior to a full competency hearing, the court may order the Department of Human Services to evaluate the minor and to report to the court concerning the minor's mental condition.

(4) (a) The minor shall be evaluated by a forensic evaluator with experience in juvenile forensic evaluations and juvenile brain development, who is not involved in the current treatment of the minor. (b) If it becomes apparent that the minor may be not competent due to an intellectual disability or related condition, the forensic evaluator shall be experienced in intellectual disability or related condition evaluations of minors.

(a) The minor shall be evaluated by a forensic evaluator with experience in juvenile forensic evaluations and juvenile brain development, who is not involved in the current treatment of the minor.

(b) If it becomes apparent that the minor may be not competent due to an intellectual disability or related condition, the forensic evaluator shall be experienced in intellectual disability or related condition evaluations of minors.

(5) The petitioner or other party, as directed by the court, shall provide all information and materials relevant to a determination of the minor's competency to the department within seven days of the court's order, including: (a) the motion; (b) the arrest or incident reports pertaining to the charged offense; (c) the minor's known delinquency history information; (d) the minor's probation record relevant to competency; (e) known prior mental health evaluations and treatments; and (f) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the minor's education.

(a) the motion;

(b) the arrest or incident reports pertaining to the charged offense;

(c) the minor's known delinquency history information;

(d) the minor's probation record relevant to competency;

(e) known prior mental health evaluations and treatments; and

(f) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the minor's education.

(6) (a) The minor's parents or guardian, the prosecutor, defense attorney, and guardian ad litem, shall cooperate, by executing releases of information when necessary, in providing the relevant information and materials to the forensic evaluator, including: (i) medical records; (ii) prior mental evaluations; or (iii) records of diagnosis or treatment of substance abuse disorders. (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.

(a) The minor's parents or guardian, the prosecutor, defense attorney, and guardian ad litem, shall cooperate, by executing releases of information when necessary, in providing the relevant information and materials to the forensic evaluator, including: (i) medical records; (ii) prior mental evaluations; or (iii) records of diagnosis or treatment of substance abuse disorders.

(i) medical records;

(ii) prior mental evaluations; or

(iii) records of diagnosis or treatment of substance abuse disorders.

(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) (a) In conducting the evaluation and in the report determining if a minor is competent to proceed, the forensic evaluator shall inform the court of the forensic evaluator's opinion whether the minor has a present ability to consult with counsel with a reasonable degree of rational understanding and whether the minor has a rational as well as factual understanding of the proceedings. (b) In evaluating the minor, the forensic evaluator shall consider the minor's present ability to: (i) understand the charges or allegations against the minor; (ii) communicate facts, events, and states of mind; (iii) understand the range of possible penalties associated with the allegations against the minor; (iv) engage in reasoned choice of legal strategies and options; (v) understand the adversarial nature of the proceedings against the minor; (vi) manifest behavior sufficient to allow the court to proceed; (vii) testify relevantly; and (viii) any other factor determined to be relevant to the forensic evaluator.

(a) In conducting the evaluation and in the report determining if a minor is competent to proceed, the forensic evaluator shall inform the court of the forensic evaluator's opinion whether the minor has a present ability to consult with counsel with a reasonable degree of rational understanding and whether the minor has a rational as well as factual understanding of the proceedings.

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

(i) understand the charges or allegations against the minor;

(ii) communicate facts, events, and states of mind;

(iii) understand the range of possible penalties associated with the allegations against the minor;

(iv) engage in reasoned choice of legal strategies and options;

(v) understand the adversarial nature of the proceedings against the minor;

(vi) manifest behavior sufficient to allow the court to proceed;

(vii) testify relevantly; and

(viii) any other factor determined to be relevant to the forensic evaluator.

(8) (a) The forensic evaluator shall provide an initial report to the court, the prosecuting and defense attorneys, and the guardian ad litem, if applicable, within 30 days of the receipt of the court's order. (b) If the forensic evaluator informs the court that additional time is needed, the court may grant, taking into consideration the custody status of the minor, up to an additional 15 days to provide the report to the court and counsel. (c) The forensic evaluator must provide the report within 45 days from the receipt of the court's order unless, for good cause shown, the court authorizes an additional period of time to complete the evaluation and provide the report. (d) The report shall inform the court of the forensic evaluator's opinion concerning the minor's competency.

(a) The forensic evaluator shall provide an initial report to the court, the prosecuting and defense attorneys, and the guardian ad litem, if applicable, within 30 days of the receipt of the court's order.

(b) If the forensic evaluator informs the court that additional time is needed, the court may grant, taking into consideration the custody status of the minor, up to an additional 15 days to provide the report to the court and counsel.

(c) The forensic evaluator must provide the report within 45 days from the receipt of the court's order unless, for good cause shown, the court authorizes an additional period of time to complete the evaluation and provide the report.

(d) The report shall inform the 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: (a) the nature of the minor's: (i) mental illness; (ii) intellectual disability or related condition; or (iii) developmental immaturity; (b) the relationship of the minor's mental illness, intellectual disability, related condition, or developmental immaturity to the minor's incompetence; (c) whether there is a substantial likelihood that the minor may attain competency in the foreseeable future; (d) the amount of time estimated for the minor to achieve competency if the minor undergoes competency attainment treatment, including medication; (e) the sources of information used by the forensic evaluator; and (f) the basis for clinical findings and opinions.

(a) the nature of the minor's: (i) mental illness; (ii) intellectual disability or related condition; or (iii) developmental immaturity;

(i) mental illness;

(ii) intellectual disability or related condition; or

(iii) developmental immaturity;

(b) the relationship of the minor's mental illness, intellectual disability, related condition, or developmental immaturity to the minor's incompetence;

(c) whether there is a substantial likelihood that the minor may attain competency in the foreseeable future;

(d) the amount of time estimated for the minor to achieve competency if the minor undergoes competency attainment treatment, including medication;

(e) the sources of information used by the forensic evaluator; and

(f) the basis for clinical findings and opinions.

(10) Any statement made by the minor in the course of any competency evaluation, whether the evaluation is with or without the consent of the minor, any testimony by the forensic evaluator based upon any statement, and any other fruits of the statement: (a) may not be admitted in evidence against the minor in any delinquency or criminal proceeding except on an issue respecting the mental condition on which the minor has introduced evidence; and (b) may be admitted where relevant to a determination of the minor's competency.

(a) may not be admitted in evidence against the minor in any delinquency or criminal proceeding except on an issue respecting the mental condition on which the minor has introduced evidence; and

(b) may be admitted where relevant to a determination of the minor's competency.

(11) Before evaluating the minor, a forensic evaluator shall specifically advise the minor, and, if reasonably available, the parents or guardian, of the limits of confidentiality as provided under Subsection (10).

(12) When the report is received, the 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 court enlarges the time for good cause.

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

(14) (a) Following the hearing, the court shall determine by a preponderance of evidence whether the minor is: (i) competent to proceed; (ii) not competent to proceed with a substantial probability that the minor may attain competency in the foreseeable future; or (iii) not competent to proceed without a substantial probability that the minor may attain competency in the foreseeable future. (b) If the court enters a finding pursuant to Subsection (14)(a)(i), the court shall proceed with the delinquency proceedings. (c) If the court enters a finding pursuant to Subsection (14)(a)(ii), the court shall proceed consistent with Section 78A-6-1303. (d) (i) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall terminate the competency proceeding, dismiss the delinquency charges without prejudice, and release the minor from any custody order related to the pending delinquency proceeding, unless the prosecutor informs the court that commitment proceedings will be initiated pursuant to: (A)Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability; or (B) Title 62A Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health. (ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated within seven days after the court's order, unless the court enlarges the time for good cause shown. (iii) The court may order the minor to remain in custody until the commitment proceedings have been concluded.

(a) Following the hearing, the court shall determine by a preponderance of evidence whether the minor is: (i) competent to proceed; (ii) not competent to proceed with a substantial probability that the minor may attain competency in the foreseeable future; or (iii) not competent to proceed without a substantial probability that the minor may attain competency in the foreseeable future.

(i) competent to proceed;

(ii) not competent to proceed with a substantial probability that the minor may attain competency in the foreseeable future; or

(iii) not competent to proceed without a substantial probability that the minor may attain competency in the foreseeable future.

(b) If the court enters a finding pursuant to Subsection (14)(a)(i), the court shall proceed with the delinquency proceedings.

(c) If the court enters a finding pursuant to Subsection (14)(a)(ii), the court shall proceed consistent with Section 78A-6-1303.

(d) (i) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall terminate the competency proceeding, dismiss the delinquency charges without prejudice, and release the minor from any custody order related to the pending delinquency proceeding, unless the prosecutor informs the court that commitment proceedings will be initiated pursuant to: (A)Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability; or (B) Title 62A Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health. (ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated within seven days after the court's order, unless the court enlarges the time for good cause shown. (iii) The court may order the minor to remain in custody until the commitment proceedings have been concluded.

(i) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall terminate the competency proceeding, dismiss the delinquency charges without prejudice, and release the minor from any custody order related to the pending delinquency proceeding, unless the prosecutor informs the court that commitment proceedings will be initiated pursuant to: (A)Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability; or (B) Title 62A Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.

(A)Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability; or

(B) Title 62A Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.

(ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated within seven days after the court's order, unless the court enlarges the time for good cause shown.

(iii) The court may order the minor to remain in custody until the commitment proceedings have been concluded.

(15) If the court finds the minor not competent to proceed, the court's order shall contain findings addressing each of the factors in Subsection (7)(b).