2023 West Virginia Code › Chapter 49. Child Welfare › Article 4. Court Actions › §49-4-731. Juvenile Competency Evaluation

(a) The qualified forensic evaluator shall file with the court a written competency evaluation report within 30 days after the date of entry of the order requiring the juvenile to be evaluated and appointing the qualified forensic evaluator. For good cause shown, the court may extend the time for filing for a period not to exceed an additional 30 days. The report shall include the evaluators opinion as to whether or not a juvenile, due to developmental disability, intellectual disability, or mental illness, has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding and whether the juvenile has a rational as well as factual understanding of the proceedings against him or her. The report shall not include the evaluators opinion as to whether the juvenile committed the alleged offense or recite or reference any self-incriminating or inculpatory statements as reported by the juvenile. A self-incrimination or inculpatory statement made by a juvenile during an evaluation or hearing conducted pursuant to this article shall not be admissible on the issue of responsibility or guilt in subsequent court proceedings, including adjudication and disposition or transfer hearings.
(b) A competency evaluation report shall include:
(1) A statement of the procedures used, including psychometric tests administered, records reviewed, and the identity of persons interviewed;
(2) Pertinent background information, including a history of educational performance, psychiatric or psychological history, developmental and family history;
(3) Results of the mental status examination;
(4) A diagnosis, if one has been made, which shall address any psychological or psychiatric conditions or cognitive deficiencies determined to exist; and
(5) An opinion as to the juveniles developmental maturity or developmental immaturity as it would affect his or her ability to proceed.
(c) If the qualified forensic evaluator determines that the juvenile is not competent to participate in the proceedings, the competency evaluation report shall address the following questions:
(1) Whether the juvenile has a developmental disability, intellectual disability, or mental illness;
(2) Whether the juvenile has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding;
(3) Whether a juvenile has a rational as well as factual understanding of the proceedings against him or her; and
(4) Whether the juvenile can attain competency in the foreseeable future if provided with a course of treatment, therapy, or training.
(d) If the qualified forensic evaluator determines that the juvenile is incompetent, but that there is a reasonable probability that he or she can attain competency within the periods set forth in 49-4-733(c)(3) of this code, the report shall include the following recommendations:
(1) A recommendation as to the treatment or therapy; and
(2) The least restrictive setting for juvenile competency attainment services consistent with the juveniles ability to attain competency and the safety of both the juvenile and the public.
(e) The court shall provide a copy of each competency evaluation report it receives to the prosecutor, the juveniles attorney, and guardian ad litem and may provide a copy upon request to the juveniles parents or legal guardian.
(f) The department shall pay qualified forensic evaluators for all matters related to conducting a court-ordered competency evaluation. The department shall develop and implement a process for prompt payment of qualified forensic evaluators including a rate schedule. The amount of payment for court-ordered evaluations shall reasonably compensate qualified forensic evaluators for the work performed in a particular case.