---
title: O.C.G.A. § 15-11-658. Disposition of a child found unrestorably incompetent to proceed.
collection: code
id: 15-11-658
cite_as: O.C.G.A. § 15-11-658 (2025)
canonical_url: https://georgiacommons.org/code/15-11-658
md_url: https://georgiacommons.org/code/15-11-658.md
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date: 2025
status: active
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / JUVENILE CODE / COMPETENCY IN DELINQUENCY OR CHILD IN NEED OF SERVICES CASES
---

# O.C.G.A. § 15-11-658. Disposition of a child found unrestorably incompetent to proceed.

(a) If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:

(1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or a child in need of services petition; or

(2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.

(b) If at any time after a child is ordered to undergo competency remediation services DBHDD or a licensed psychologist or psychiatrist opines that a child is likely to remain incompetent to proceed for the foreseeable future, DBHDD or the licensed psychologist or psychiatrist shall submit a report to the court so stating.

(c) Upon receipt of the report specified in subsection (b) of this Code section, the court shall make a competency determination and shall dismiss the delinquency petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:

(1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or

(2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.

## History

Code 1981, § 15-11-658, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

## Cross References

Treatment for mental illness generally, § 37-3-1 et seq. Habilitation of the developmentally disabled generally, § 37-4-1 et seq. Juvenile Court disposition of mentally ill or mentally retarded child, Uniform Rules for the Juvenile Courts of Georgia, Rule 20.3.

## Law Reviews

For article, ‘‘An Outline of Juvenile Court Jurisdiction with Focus on Child Custody,’’ see 10 Ga. St. B. J. 275 (1973).

For comment on Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 101 (1979); Secretary of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640, 99 S. Ct. 2523, 61 L. Ed. 2d 142 (1979), regarding juvenile commitment to state mental hospitals upon application of parents or guardians, see 29 Emory L. J. 517 (1980).