Georgia § 15-11-658 Disposition of a child found unrestorably incompetent to proceed

Georgia Statutes

§ 15-11-658 — Disposition of a child found unrestorably incompetent to proceed

Georgia § 15-11-658

Title15

This text of Georgia § 15-11-658 (Disposition of a child found unrestorably incompetent to proceed) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 15-11-658 (2026).

Text

(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

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(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.