(1) If the court determines that the minor is not competent to proceed, and there is a substantial likelihood that the minor may attain competency in the foreseeable future, the court shall notify the department of the finding, and allow the department 30 days to develop an attainment plan for the minor.

(2) The attainment plan shall include: (a) any services or treatment the minor has been or is currently receiving that are necessary to attain competency; (b) any additional services or treatment the minor may require to attain competency; (c) an assessment of the parent, custodian, or guardian's ability to access or provide any recommended treatment or services; (d) any special conditions or supervision that may be necessary for the safety of the minor or others during the attainment period; and (e) the likelihood that the minor will attain competency and the amount of time likely required for the minor to attain competency.

(a) any services or treatment the minor has been or is currently receiving that are necessary to attain competency;

(b) any additional services or treatment the minor may require to attain competency;

(c) an assessment of the parent, custodian, or guardian's ability to access or provide any recommended treatment or services;

(d) any special conditions or supervision that may be necessary for the safety of the minor or others during the attainment period; and

(e) the likelihood that the minor will attain competency and the amount of time likely required for the minor to attain competency.

(3) The department shall provide the attainment plan to the court, prosecutor, defense attorney, and guardian ad litem at least three days prior to the competency disposition hearing.

(4) (a) During the attainment period, the minor shall remain in the least restrictive appropriate setting. (b) A finding of not competent to proceed does not grant authority for a court to place a minor in the custody of a division of the department, or create eligibility for services from the Division of Services for People With Disabilities. (c) If the court orders the minor to be held in detention during the attainment period, the court shall make the following findings on the record: (i) the placement is the least restrictive appropriate setting; (ii) the placement is in the best interest of the minor; (iii) the minor will have access to the services and treatment required by the attainment plan in the placement; and (iv) the placement is necessary for the safety of the minor or others. (d) A court shall terminate an order of detention related to the pending delinquency proceeding for a minor who is not competent to proceed in that matter if: (i) the most severe allegation against the minor if committed by an adult is a class B misdemeanor; (ii) more than 60 days have passed after the day on which the juvenile court adjudicated the minor not competent to proceed; and (iii) the minor has not attained competency.

(a) During the attainment period, the minor shall remain in the least restrictive appropriate setting.

(b) A finding of not competent to proceed does not grant authority for a court to place a minor in the custody of a division of the department, or create eligibility for services from the Division of Services for People With Disabilities.

(c) If the court orders the minor to be held in detention during the attainment period, the court shall make the following findings on the record: (i) the placement is the least restrictive appropriate setting; (ii) the placement is in the best interest of the minor; (iii) the minor will have access to the services and treatment required by the attainment plan in the placement; and (iv) the placement is necessary for the safety of the minor or others.

(i) the placement is the least restrictive appropriate setting;

(ii) the placement is in the best interest of the minor;

(iii) the minor will have access to the services and treatment required by the attainment plan in the placement; and

(iv) the placement is necessary for the safety of the minor or others.

(d) A court shall terminate an order of detention related to the pending delinquency proceeding for a minor who is not competent to proceed in that matter if: (i) the most severe allegation against the minor if committed by an adult is a class B misdemeanor; (ii) more than 60 days have passed after the day on which the juvenile court adjudicated the minor not competent to proceed; and (iii) the minor has not attained competency.

(i) the most severe allegation against the minor if committed by an adult is a class B misdemeanor;

(ii) more than 60 days have passed after the day on which the juvenile court adjudicated the minor not competent to proceed; and

(iii) the minor has not attained competency.

(5) (a) At any time that the minor becomes competent to proceed during the attainment period, the department shall notify the court, prosecutor, defense attorney, and guardian ad litem. (b) The court shall hold a hearing with 15 business days of notice from the department described in Subsection (5)(a).

(a) At any time that the minor becomes competent to proceed during the attainment period, the department shall notify the court, prosecutor, defense attorney, and guardian ad litem.

(b) The court shall hold a hearing with 15 business days of notice from the department described in Subsection (5)(a).

(6) (a) If at any time during the attainment period the court finds that there is not a substantial probability that the minor will attain competency in the foreseeable future, 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 or any other individual informs the court that commitment proceedings will be initiated pursuant to: (i) Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability; or (ii) Title 62A Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health. (b) The prosecutor shall initiate the proceedings described in Subsection (6)(a) within seven days after the court's order, unless the court enlarges the time for good cause shown.

(a) If at any time during the attainment period the court finds that there is not a substantial probability that the minor will attain competency in the foreseeable future, 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 or any other individual informs the court that commitment proceedings will be initiated pursuant to: (i) Title 62A Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability; or (ii) Title 62A Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.

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

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

(b) The prosecutor shall initiate the proceedings described in Subsection (6)(a) within seven days after the court's order, unless the court enlarges the time for good cause shown.

(7) During the attainment period, the court may order a hearing or rehearing at anytime on its own motion or upon recommendation of any interested party or the department.

(8) (a) Within three months of the court's approval of the attainment plan, the department shall provide a report on the minor's progress towards competence. (b) The report described in Subsection (8)(a) shall address the minor's: (i) compliance with the attainment plan; (ii) progress towards competency based on the issues identified in the original competency evaluation; and (iii) current mental illness, intellectual disability or related condition, or developmental immaturity, and need for treatment, if any, and whether there is substantial likelihood of the minor attaining competency within six months.

(a) Within three months of the court's approval of the attainment plan, the department shall provide a report on the minor's progress towards competence.

(b) The report described in Subsection (8)(a) shall address the minor's: (i) compliance with the attainment plan; (ii) progress towards competency based on the issues identified in the original competency evaluation; and (iii) current mental illness, intellectual disability or related condition, or developmental immaturity, and need for treatment, if any, and whether there is substantial likelihood of the minor attaining competency within six months.

(i) compliance with the attainment plan;

(ii) progress towards competency based on the issues identified in the original competency evaluation; and

(iii) current mental illness, intellectual disability or related condition, or developmental immaturity, and need for treatment, if any, and whether there is substantial likelihood of the minor attaining competency within six months.

(9) (a) Within 30 days of receipt of the report, the court shall hold a hearing to determine the minor's current status. (b) At the hearing, the burden of proving the minor is competent is on the proponent of competency. (c) The court shall determine by a preponderance of the evidence whether the minor is competent to proceed.

(a) Within 30 days of receipt of the report, the court shall hold a hearing to determine the minor's current status.

(b) At the hearing, the burden of proving the minor is competent is on the proponent of competency.

(c) The court shall determine by a preponderance of the evidence whether the minor is competent to proceed.

(10) If the minor has not attained competency after the initial three month attainment period but is showing reasonable progress towards attainment of competency, the court may extend the attainment period up to an additional three months.

(11) The department shall provide an updated juvenile competency evaluation at the conclusion of the six month attainment period to advise the court on the minor's current competency status.

(12) If the minor does not attain competency within six months after the court initially finds the minor not competent to proceed, the court shall terminate the competency proceedings and dismiss the delinquency charges without prejudice, unless good cause is shown that there is a substantial likelihood the minor will attain competency within one year from the initial finding of not competent to proceed.

(13) In the event a minor has an unauthorized leave lasting more than 24 hours, the attainment period shall toll until the minor returns.