2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 4 - Competency › Section 403 - Disposition on finding of not competent to proceed -- Subsequent hearings -- Notice to prosecuting attorneys.

Effective 5/3/2023
80-6-403.
Disposition on finding of not competent to proceed -- Subsequent hearings -- Notice to prosecuting attorneys.
(1) If the juvenile 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 juvenile 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.
(3) The department shall provide the attainment plan to the juvenile court, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem at least three days before 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 juvenile 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 juvenile court orders the minor to be held in detention during the attainment period, the juvenile 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 juvenile court shall terminate an order of detention related to the pending 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.
(5)
(a) At any time that the minor becomes competent to proceed during the attainment period, the department shall notify the juvenile court, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem.
(b) The juvenile 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 juvenile court finds that there is not a substantial probability that the minor will attain competency in the foreseeable future, the juvenile court shall terminate the competency proceeding, dismiss the petition or information without prejudice, and release the minor from any custody order related to the pending proceeding, unless the prosecuting attorney or any other individual informs the juvenile court that commitment proceedings will be initiated in accordance with:
(i)Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability;
(ii) if the minor is 18 years old or older, Title 26B, Chapter 5, Part 3, Utah State Hospital and Other Mental Health Facilities; or
(iii) if the minor is a child, Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18.
(b) The prosecuting attorney shall initiate the proceedings described in Subsection (6)(a) within seven days after the juvenile court's order, unless the juvenile court enlarges the time for good cause shown.
(7) During the attainment period, the juvenile court may order a hearing or rehearing at anytime on the juvenile court's own motion or upon recommendation of any interested party or the department.
(8)
(a) Within three months of the juvenile 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.
(9)
(a) Within 30 days of receipt of the report, the juvenile 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 juvenile 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 juvenile 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 juvenile court on the minor's current competency status.
(12) If the minor does not attain competency within six months after the juvenile court initially finds the minor not competent to proceed, the court shall terminate the competency proceedings and dismiss the petition or information filed 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.
(14)
(a) Regardless of whether a minor consents to attainment, any statement made by the minor in the course of attainment, any testimony by the forensic evaluator based upon any statement made by the minor in the course of attainment, and any other fruits of a statement made by the minor in the course of attainment:
(i) may not be admitted in evidence against the minor in a proceeding under this chapter, except the statement may be admitted on an issue respecting the mental condition on which the minor has introduced evidence; and
(ii) may be admitted where relevant to a determination of the minor's competency.
(b) Before evaluating the minor during the attainment period, a forensic evaluator shall specifically advise the minor, and the minor's parent or guardian if reasonably available, of the limits of confidentiality provided in Subsection (14)(a).
Amended by Chapter 330, 2023 General Session