(a)If the court determines that the juvenile is
competent, the court shall proceed with the delinquency proceedings
as provided by law. No statement that a child makes during an
evaluation or hearing conducted under this chapter may be used against
the child in any juvenile or adult proceeding.
(b)If the court determines that the juvenile is not competent, the
court shall determine whether the child may attain competency within:
(1)one hundred eighty (180) days, if the child is alleged to have
committed an act that would be a felony if committed by an adult;
or
(2)ninety (90) days, if the child is alleged to have committed an
act that would not be a felony if committed by an adult.
(c)If the court determines that the juvenile is not competent and
will not attain competency within the
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(a) If the court determines that the juvenile is
competent, the court shall proceed with the delinquency proceedings
as provided by law. No statement that a child makes during an
evaluation or hearing conducted under this chapter may be used against
the child in any juvenile or adult proceeding.
(b) If the court determines that the juvenile is not competent, the
court shall determine whether the child may attain competency within:
(1) one hundred eighty (180) days, if the child is alleged to have
committed an act that would be a felony if committed by an adult;
or
(2) ninety (90) days, if the child is alleged to have committed an
act that would not be a felony if committed by an adult.
(c) If the court determines that the juvenile is not competent and
will not attain competency within the relevant time periods as
described in subsection (b), the court shall:
(1) dismiss the allegations without prejudice; or
(2) delay dismissing the allegations for not more than ninety (90)
days and:
(A) refer the matter to the department and request that the
department determine whether the child may be a child in need
of services; or
(B) order a probation officer to:
(i) refer the child or the child's family to an entity certified or
licensed by the division of mental health and addiction, or the
bureau of disabilities services; or
(ii) otherwise secure services to reduce the potential that the
child will engage in behavior that could result in delinquent
child or other criminal charges.
If the court determines that the options described in subdivisions (1)
and (2) are not in the best interests of the child, the court may, if it
appears to the court that a child is mentally ill, refer the matter to the
court having probate jurisdiction for civil commitment proceedings
under IC 12-26 or initiate a civil commitment proceeding under IC 12-26.
(d) If the court determines that the juvenile is not competent but is
reasonably likely to attain competency within the relevant time periods
as described in subsection (b), the court may order the child to
participate in services, other than a state institution, specifically
designed to help the child attain competency, to be paid by the
department subject to the requirements described in IC 31-37. If the
court orders the child to receive competency attainment services, the
court shall:
(1) identify a qualified provider to deliver the competency
attainment services; and
(2) order a probation officer to contact that provider by a specified
date to arrange for services.
(e) Not later than ten (10) days after the court identifies the qualified
competency attainment services provider as described in subsection
(d), the court shall transmit to the provider a copy of each competency
assessment report it has received for review. The provider shall return
the copies of the reports to the court upon the termination of the
services.
(f) Not later than thirty (30) days after the probation officer contacts
the competency attainment services provider under subsection (d), the
provider shall submit to the court a competency attainment plan for the
court's approval. If the court approves the plan, the court shall provide
copies of the plan to the prosecuting attorney, the child's attorney, the
child's guardian ad litem, if any, and the child's parents, guardian, or
custodian.
(g) Competency attainment services provided to a child are subject
to the following conditions and time periods measured from the date
the court approves the plan:
(1) Services shall be provided in the least restrictive setting that
is consistent with the child's ability to attain competency, and the
safety of both the child and the community. If the child has been
released on a temporary or interim order and refuses or fails to
cooperate with the provider, the court may reassess the order and
amend it to require a more appropriate setting.
(2) No child may be required to participate in competency
attainment services for longer than is required for the child to
attain competency. In addition, if a child is:
(A) in a nonresidential setting, the child may not be required to
participate for more than:
(i) ninety (90) days if the child is charged with an act that
would not be a felony if committed by an adult; or
(ii) one hundred eighty (180) days if the child is charged with
an act that would be a felony or murder if committed by an
adult;
(B) in a residential setting that is operated solely or in part for
the purpose of providing competency attainment services, the
child may not be ordered to participate for more than:
(i) forty-five (45) days if the child is charged with an act that
would not be a felony if committed by an adult;
(ii) ninety (90) days if the child is charged with an act that
would be a Level 4, Level 5, or Level 6 felony if committed
by an adult; or
(iii) one hundred eighty (180) days if the child is charged
with an act that would be murder or a Level 1, Level 2, or
Level 3 felony if committed by an adult; and
(C) in a residential, detention, or other secured setting where
the child has been placed for reasons other than to participate
in competency attainment services, but where the child is also
ordered to participate in competency attainment services, the
child may not be required to participate for more than:
(i) ninety (90) days if the child is charged with an act that
would not be a felony if committed by an adult; or
(ii) one hundred eighty (180) days if the child is charged with
an act that would be a felony or murder if committed by an
adult.
(h) The provider that provides the child's competency attainment
services shall submit reports to the court as follows:
(1) The provider shall report on the child's progress every thirty
(30) days, and upon the termination of services. The report may
not include any details of the alleged offense as reported by the
child.
(2) If the provider determines that the current setting is no longer
the least restrictive setting that is consistent with the child's ability
to attain competency and the safety of both the child and the
community, the provider shall report this to the court within three
(3) days of the determination.
(3) If the provider determines that the child has achieved the goals
of the plan and is able to understand the nature and objectives of
the proceeding against the child and to assist in the child's
defense, with or without reasonable accommodations, the
provider shall issue a report informing the court of that
determination within three (3) days of the determination. If the
provider believes that accommodations are necessary or desirable,
the report shall include recommendations for accommodations.
(4) If the provider determines that the child will not achieve the
goals of the plan within the applicable period of time under this
section, the provider shall issue a report informing the court of the
determination within three (3) days of the determination. The
report shall include recommendations for services for the child
that would support the safety of the child or the community.
(i) The court shall provide a copy of any report received under
subsection (h) to the following:
(1) The prosecuting attorney.
(2) The attorney representing the child.
(3) The child's guardian ad litem, if any.
(4) The child's parent, guardian, or custodian, unless the court
finds that providing a copy of the report is not in the best interests
of the child.
(j) Not later than fifteen (15) days after receiving a report under
subsection (h), the court may hold a hearing to determine if it should
issue a new order. The court may order a new competency evaluation
if the court believes that it may assist the court in making its
determination. The child shall continue to participate in competency
attainment services until a new order is issued or the required period of
participation ends.
(k) If, following a hearing held under subsection (j), the court
determines that the child has not or will not attain competency within
the relevant period of time under subsection (g), the court shall:
(1) dismiss the allegations without prejudice; or
(2) delay dismissing the allegations for not more than ninety (90)
days and:
(A) refer the matter to the department and request that the
department determine whether the child may be a child in need
of services; or
(B) order a probation officer to:
(i) refer the child or the child's family to an entity certified or
licensed by the division of mental health and addiction, or the
bureau of disabilities services; or
(ii) otherwise secure services to reduce the potential that the
child will engage in behavior that could result in delinquent
child or other criminal charges.
If the court determines that the options described in subdivision (1) or
(2) are not in the best interests of the child, the court may, if it appears
to the court that a child is mentally ill, refer the matter to the court
having probate jurisdiction for civil commitment proceedings under IC 12-26 or initiate a civil commitment proceeding under IC 12-26.
(l) If, following a hearing held under subsection (j), the court
determines that the child is competent, the court shall proceed with the
delinquency proceedings as described in subsection (a).
(m) Allegations dismissed under subsections (c) and (k) do not
preclude:
(1) a future proceeding against the child if the child eventually
attains competency; or
(2) a civil action against the child based on the conduct that
formed the basis of the allegations against the child.
(n) A referral made under subsection (c) or (k) does not establish an
obligation on the division of mental health and addiction, a state
institution, or the bureau of disabilities services to provide services to
a referred child.
(o) Proceedings under this chapter do not toll the time limits under
IC 31-37-11-5.