State Of Louisiana in the Interest of C.H.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1631

IN THE INTEREST OF C. H.

FEBRUARY 1, 2022

In Re: C. H., applying for writs, 22nd Judicial supervisory

District Court, Parish of Washington, No. J- 18- 83.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

STAY LIFTED. WRIT DENIED. The transcript of the December 2, 2021 proceeding reflects that the parties stipulated that all of the medical providers that provided reports to the district court would testify in accord with their reports. The writ

application includes reports from the competency commission,

which contain to the juvenile' s conflicting opinions as

competency to proceed. In view of this fact, the district court did not abuse its discretion by finding that the juvenile' s competency has been restored.

GH

Chutz, J., concurs.

Guidry, J., dissents in part and would grant the writ

application. I would remand this matter to the district court to order another mental examination by a competency

commission. The writ application contains reports from medical professionals that indicate the juvenile suffers from ADHD, autism spectrum disorder by history, unspecified anxiety disorder, and unspecified learning disorder. Further, the partial record before this court includes a letter dated November 3, 2021 from the restoration competency provider wherein she opines that the juvenile " is unlikely to be restored in the foreseeable future this using competency restoration education program." While the transcript of the December 2, 2021 proceeding reflects that the parties stipulated that all of the medical providers that provided to the reports district court would testify in accord with their reports, the reports

prepared by the competency commission were prepared over a year ago.

COURT " OF APPEAL, FIRST CIRCUIT

DEPUY F COURT FOR THE COURT