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

Indiana Statutes

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

Indiana § 31-37-26-5

Art. 37JUVENILE LAW: DELINQUENCY

Ch. 26Competency

This text of Indiana § 31-37-26-5 (Hearing to determine competency) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-37-26-5 (2026).

Text

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.

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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.