15-11-657. Restoration to competency; remediation orders and reports.

All competency remediation service orders issued by the court shall contain:#

1. (1)

   The name of the competency remediation service program provider and the location of the program;#

2. (2)

   A statement of the arrangements for a child’s transportation to the program site;#

3. (3)

   The length of the competency remediation service program;#

4. (4)

   A statement of the arrangements for a child’s transportation after the program ends; and#

5. (5)

   A direction concerning the frequency of reports required by the court.#

DBHDD or a licensed psychologist or psychiatrist shall file a written report with the court:#

1. (1)

   Not later than six months after the date the court orders that competency remediation be attempted but prior to the first review hearing;#

2. (2)

   Every six months after the first review hearing if a child remains incompetent to proceed and under an order for remediation;#

3. (3)

   At any time DBHDD or a licensed psychologist or psychiatrist opines a child has attained competency; or#

4. (4)

   At shorter intervals designated by the court in its competency remediation order.#

DBHDD or the licensed psychologist or psychiatrist written report shall include, but not be limited to:#

1. (1)

   Whether a child’s competency can be remediated or whether a child is likely to remain incompetent to proceed for the foreseeable future;#

2. (2)

   Whether additional time is needed to remediate a child’s competency; and#

3. (3)

   If a child has attained competency, the effect, if any, of any limitations that are imposed by any medication or other treatment used in the effort to remediate competency.#