2020 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 (2020)
  1. 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.
  2. 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.
  3. 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.

(Code 1981, §15-11-658, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Treatment for mental illness generally, § 37-3-1 et seq.

Habilitation of the developmentally disabled generally, § 37-4-1 et seq.

Juvenile Court disposition of mentally ill or mentally retarded child, Uniform Rules for the Juvenile Courts of Georgia, Rule 20.3.

Law reviews.

- For article, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973). For comment on Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 101 (1979); Secretary of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640, 99 S. Ct. 2523, 61 L. Ed. 2d 142 (1979), regarding juvenile commitment to state mental hospitals upon application of parents or guardians, see 29 Emory L. J. 517 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-2601, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Requirements prior to commitment of mentally retarded or mentally ill child.

- A mentally retarded child may not properly be committed to the Department of Human Resources unless the department first advises the court that the department has appropriate facilities available to serve that particular child; a mentally ill child may not be similarly committed unless the child is in need of hospitalization because the child is likely to injure oneself or others if not hospitalized or because, due to the child's mental illness, the child is incapable of caring for the child's physical health and safety. 1976 Op. Att'y Gen. No. 76-111 (decided under former Code 1933, § 24A-2601).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 7, 56 et seq., 106 et seq.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 35.

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