JUVENILE COURT PRACTICE & PROCEDURE OUTLINE:
DELINQUENCY MATTERS (continued)

B. Procedure

1. after petition has been filed

2. either court or child's attorney may file motion

3. stays all time limits

4. examiner conducts evaluation

5. if issue is retardation, examiner must be licensed psychologist

6. written report within 30 days, unless court grants extension

a. reason for evaluation
b. evaluation procedures used
c. pertinent background information
d. results and diagnosis
e. description of abilities and deficits as to

i. understanding nature and object of proceedings
ii. comprehending his/her role in proceedings
iii. assisting attorney in his/her case

f. opinion as to significance of child's competency, strengths and deficits
g. opinion as to competency of child

7. if child is found mentally incompetent

a. diagnosis as to whether child will become competent in foreseeable future
b. recommendations for remediation to address child's deficits
c. recommendations for modification of court procedures that may assist in child's ability to understand the proceedings

8. copies of report to child's attorney, state's attorney and any guardian ad litem for child

9. court may order additional examination

a. good cause shown
b. only one examination by examiner from Department of Human Resources is allowed

10. no statement by child or information obtained in any proceeding regarding competency is admissible against child in case in chief

11. hearing must be held within 60 days of initial order for evaluation, unless continued for good cause

12. due process rights attach

13. examiner is court's witness and both state and child's attorney may cross- examine

14. court's finding of fact

a. based on evaluation(s)
b. child has burden of proof
c. preponderance of evidence
d. copy of findings to parties within 10 days

15. if child found competent

a. proceedings resume
b. time limits begin to run

16. if child not competent

a. adjudicated "dependent"
b. if a misdemeanor court may dismiss without prejudice
c. cannot transfer to superior court, adjudicate or have disposition
d. if no previous appointment of guardian for child, then court shall appoint one
e. appoint plan manager

17. any party may ask for rehearing on competency issue

a. reasonable grounds to believe child is competent
b. follow the same procedures as initial hearing 

 

C. Case Plan

1. plan manager

a. submits mental competency plan within 30 days
b. plan shall include

i. details as to what deficit the plan is attempting to address
ii. outline of provisions for supervision of child
iii. outline of treatment plan
iv. identification of all parties and their role in plan

c. plan is developed at a meeting of relevant parties called by the plan manager

i. required to attend

. (a). parent or guardian
. (b). child's attorney
. (c). state's attorney
. (d). child's guardian ad litem
. (e). representatives from . . . . mental health or mental . . . . . retardation agency
. (f). probation officer or . . . . . caseworker
. (g). representative from . . . . . child's school

ii. may request

. (a). representative from . . . . . division of public health
. (b). protective services . . . . . worker
. (c). representatives from . . . . resources relevant to plan
. (d). family members
. (e). any other relevant person . or entity

d. plan manager shall collect all previous histories of the child

i. previous evaluations
ii. assessments
iii. school records
iv. must be available for consideration at meeting

2. disposition hearing within 30 days after plan submitted to court

3. review hearings every 6 months

4. plan manager informs court who should testify

5. 10 days notice

6. opportunity to be heard

7. victim of delinquent or unruly act entitled to 190 days notice

a. opportunity to be heard
b. opportunity to present victim impact statement

8. judge may sequester witnesses to protect child's rights

9. court order will incorporate plan as part of disposition

10. plan may be amended on mother and hearing

11. at disposition and review hearings court may consider dismissal of petition, without prejudice

12. if child later determined to be competent petition may be refiled

13. state may seek civil commitment under O.C.G.A. Title 37, Chapters 3 and 4

D. Jurisdiction

1. if child is adjudicated dependent and charge is a felony

a. court retains jurisdiction for 2 years
b. may be extended for additional two year periods

2. if child is adjudicated dependent and charge is misdemeanor

a. court retains jurisdiction for 120 days
b. may not be extended

3. if child reaches 18 plan manager refers child to adult services

 

VII. MENTALLY ILL OR MENTALLY RETARDED CHILDREN (O.C.G.A. §§ 15-11-149, 37-3-1 et. seq)

A. Definitions

1. mentally ill (37-3-1(11))

a. disorder of thought or mood
b. significantly impairs

i. judgment
ii. behavior
iii. capacity to recognize reality
iv. ability to cope with ordinary demand of life

2. mentally retarded

a. significantly subaverage general intellectual functioning and
b. deficits in adaptive behavior and
c. originating in the developmental period
d. in need of community services as defined in O.C.G.A. § 37-5-3
3. handicapped as defined in 20 USC §1400 et seq. (Individuals with Disabilities Education Act)

4. IEP Individualized Education Program

5. if child has IEP it shall be made part of dispositional record

B. Procedure

1. court may commit to appropriate institution, agency or individual

a. study and report on child's mental condition
b. may happen at any time in the proceedings
c. facility may refuse if it is overcrowded (Jones v. State , 134 Ga App. 611)

2. if child is found to be committable

a. child is mentally retarded or mentally ill
b. child is detained
c. court order within 10 days, committing child to the Department of Human Resources Division of Mental Health, Developmental Disabilities and Addictive Diseases

3. if child is found not committable

a. case proceeds from where proceedings were halted
b. order for evaluation acts as a stay of proceedings

4. child convicted under 15-11-28

a. if between 13-15
b. suffering from mental illness or mental retardation
c. sent to Department of Human Resources Division of Mental Health, Developmental Disabilities and Addictive Diseases rather than to Department of Corrections

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