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

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.#

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

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.#

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.#

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.#

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.#

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.#

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