Okla. Stat. tit. 10A § 2-2-401.1

Current through Laws 2024, c. 453.

Section 2-2-401.1 - Definitions

As used in Sections 2-2-401.1 through 2-2-401.7 of this title:

1. "Competent" and "competency" refer to a child's ability to understand the nature and objectives of a proceeding against the child or to assist in the child's defense. A child is incompetent if, due to developmental disability, developmental immaturity, intellectual disability, or mental illness, the child is presently incapable of understanding the nature and objective of proceedings against the child or of assisting in the child's defense;

2. "Credentialed forensic evaluator" means a licensed psychologist, psychiatrist or other physician with necessary education, training, and experience to perform juvenile competency evaluations, and who has been approved to render such opinions for the court;

3. "Developmental disability" means a severe and chronic disability that is attributable to a mental or physical impairment. Such disabilities include, but are not limited to, cerebral palsy, epilepsy, autism, or other neurological conditions that lead to impairment of general intellectual functioning or adaptive behavior;

4. "Developmental immaturity" means a condition based on a juvenile's chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or intellectual disability;

5. "Intellectual disability" means a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social and practical adaptive skills;

6. "Mental illness" has the same meaning as in paragraph 11 of Section 5-502 of Title 43A of the Oklahoma Statutes; and

7. "Proceeding" means any delinquency or youthful offender proceeding under the Oklahoma Juvenile Code.

Okla. Stat. tit. 10A, § 2-2-401.1

Amended by Laws 2021 , c. 386, s. 1, eff. 11/1/2021.

Added by Laws 2015 , c. 398, s. 1, eff. 1/1/2016.