Section 2-2-401.2 - Delinquency or youthful offender proceedings - Competency of child - Rebuttable presumptionA.1. At any time prior to or during delinquency or youthful offender proceedings pursuant to the Oklahoma Juvenile Code, the child's attorney, the district attorney, or the court may raise the issue of a child's competency to participate in the proceeding. If at the time the issue of competency is raised the child is not represented by counsel, the court shall immediately appoint counsel. The court shall stay all proceedings except to allow the filing of a delinquency petition or youthful offender information.2. At any time prior to or during delinquency or youthful offender proceedings pursuant to the Oklahoma Juvenile Code, the Office of Juvenile Affairs may file a Motion to Intervene to raise the issue of a child's competency for any child in its custody.3. In any delinquency or youthful offender proceeding pursuant to the Juvenile Code, if the child who is the subject of the proceeding is thirteen (13) years or older and if the child is not otherwise found to be developmentally disabled, developmentally immature, intellectually disabled, or mentally ill, there exists a rebuttable presumption that the child is competent. Such presumption applies only for making a determination as to whether the child is competent and shall not be used or applicable for any other purpose.B. The court may find a child incompetent without ordering a competency evaluation or hearing if the district attorney and the child's attorney, and at least one of the child's parents, legal guardians, or guardian ad litem agree to the determination.Okla. Stat. tit. 10A, § 2-2-401.2
Amended by Laws 2021 , c. 386, s. 2, eff. 11/1/2021.Added by Laws 2015 , c. 398, s. 2, eff. 1/1/2016.