CHILDREN AND THE LAW
...Delinquency Matters
......Jurisdictional Hearing
.........Findings & Orders
............Competency
5 Cards On This Topic:

Juvenile court erred in finding M competent as it could not reasonably have rejected the qualified E's compelling, well-supported, and unequivocal opinion that M was not competent to proceed to trial.

Detention of 294 days to gain competence was not a DP violation, but the product of M's avoiding a competency finding, i.e. by repeated "I don't know" answers to basic questions after months of training, an average IQ, and no mental disease.

Juvenile court, which decided M's competency using the adult criminal standard, must on remand conduct competency hearings and make findings in accordance with W&IC §709.

Juvenile court had no jurisdiction to allow M's counsel to withdraw her doubt as to his competency in order to plea bargain, and could not make W&IC 709 competency determination without expert reports.

A minor detained in Juvenile Hall pending attainment of competency must be provided with adequate services.