§ 31-37-26-5 — Hearing to determine competency

As soon as practicable after receiving the
written competency evaluation, the court shall determine whether the
child is competent for adjudication or disposition. Upon a motion by
any party, the court shall conduct a hearing to determine competency.
The child has:
(1) the right to notice;
(2) the opportunity to participate personally at the hearing;
(3) the right to present evidence; and
(4) the right to be represented by counsel. If the child is indigent,
the court shall appoint counsel for the child.
The party alleging that the child is not competent has the burden of
proving that the child is not competent by a preponderance of the
evidence.

Legislative History

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