2018 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 7 - Competency in Delinquency or Child in Need of Services Cases
§ 15-11-658. Disposition of a child found unrestorably incompetent to proceed

Universal Citation: GA Code § 15-11-658 (2018)
  • (a) If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:

    • (1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or a child in need of services petition; or

    • (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.

  • (b) If at any time after a child is ordered to undergo competency remediation services DBHDD or a licensed psychologist or psychiatrist opines that a child is likely to remain incompetent to proceed for the foreseeable future, DBHDD or the licensed psychologist or psychiatrist shall submit a report to the court so stating.

  • (c) Upon receipt of the report specified in subsection (b) of this Code section, the court shall make a competency determination and shall dismiss the delinquency petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may:

    • (1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or

    • (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination.

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