Ind. Code § 31-37-26-5

Current through P.L. 171-2024

Section 31-37-26-5 - Hearing to determine competency

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;

(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.

IC 31-37-26-5

Added by P.L. 157-2021,SEC. 3, eff. 12/31/2022.