§ 31-37-26-4 — Competency evaluation; disinterested person; location

Indiana § 31-37-26-4

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 26: Competency

Text

(a) If the court orders a competency
evaluation under section 3 of this chapter, the court shall appoint one
(1) disinterested person to evaluate the child's competency. However,
if a party requests the appointment of an additional person to conduct
an evaluation, the court shall appoint a second disinterested person to
evaluate the child's competency.
(b) A person appointed under subsection (a) may be a:
(1) psychiatrist; or
(2) psychologist endorsed by the Indiana state board of examiners
in psychology as health service providers in psychology;
who has expertise in determining competency in juveniles.
(c) The court shall order the competency evaluation to be performed
in a location or facility that, consistent with the nature of the case and
the best interests and needs of the child:
(1) imposes the fewest restrictions on the freedom of the child and
the child's parent, guardian, or custodian;
(2) interferes the least with family autonomy and family life; and
(3) is as close as practicable to the home of the parents, guardian,
or custodian, consistent with the best interests and special needs
of the child.
The department shall not be responsible for the payment of a
competency evaluation.
(d) Not later than seven (7) days from the date the court appoints a
person to conduct a competency evaluation, the juvenile probation
department shall provide the person appointed to conduct the
competency evaluation with all relevant files in the possession of the
probation department, including any preliminary investigatory records
and a copy of the delinquency allegations.
(e) A person appointed to conduct a competency evaluation may
consider any relevant information.
(f) Not later than fourteen (14) days upon completion of the
competency evaluation, the person who conducted the evaluation shall
provide a written report to the court and to all attorneys of record. The
competency report shall include the following:
(1) The opinion of the person who conducted the competency
evaluation as to the child's ability to understand the nature and
objectives of the proceeding against the child.
(2) The opinion of the person who conducted the competency
evaluation as to the child's ability to assist in the child's defense.
(3) If a person who conducted the competency evaluation
determined that the child is not competent, a:
(A) description of the child's need for services; and
(B) recommendation concerning the least restrictive setting and
treatment that would assist in restoring the child's competency.
The competency report may not contain any statement from the child
relating to the alleged delinquent act.

Legislative History

As added by P.L.157-2021, SEC.3.