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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 7. COMPETENCY IN DELINQUENCY OR CHILD IN NEED OF SERVICES CASES

15-11-655. Mental competency hearing; burden of proof; notice; rights during hearing; procedure; findings.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A hearing to determine if a child is incompetent to proceed shall be conducted within 60 days after the initial court order for evaluation. The hearing may be continued by the court for good cause shown.#

  2. (b)

    Written notice shall be given to all parties and the victim at least ten days prior to such hearing.#

  3. (c)

    The burden of proving that a child is incompetent to proceed shall be on such child. The standard of proof necessary for proving mental competency shall be a preponderance of the evidence.#

  4. (d)

    At the hearing to determine incompetency to proceed, a child’s attorney and the prosecuting attorney shall have the right to:#

    1. (1)

      Present evidence;#

    2. (2)

      Call and examine witnesses;#

    3. (3)

      Cross-examine witnesses; and#

    4. (4)

      Present arguments.#

  5. (e)

    The examiner appointed by the court shall be considered the court’s witness and shall be subject to cross-examination by both a child’s attorney and the prosecuting attorney.#

  6. (f)

    The court’s findings of fact shall be based on any evaluations of a child’s mental condition conducted by licensed psychologists or psychiatrists appointed by the court, any evaluations of a child’s mental condition conducted by independent licensed psychologists or psychiatrists hired by the parties, and any additional evidence presented.#

  7. (g)

    If the court finds that a child is not incompetent to proceed, the proceedings which have been suspended shall be resumed. The time limits under Article 5 or 6 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding such child mentally competent.#

  8. (h)

    Copies of the court’s findings shall be given to the parties within ten days following the issuance of such findings.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-11-655, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 1328 to 1329; merge action: carried; file SHA-256 1f1f034443c3.