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2017 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults
§ 3-8A-17.4. Competency hearing
Universal Citation: MD Cts & Jud Pro Code § 3-8A-17.4 (2017)
- (a) When to be held. --
- (1) Except as provided in paragraph (2) of this subsection, within 15 days after receipt of a report of a qualified expert, the court shall hold a competency hearing.
- (2) On good cause shown, the court may extend the time for holding the competency hearing for an additional 15 days.
- (b) Evidence. -- At the competency hearing, the court shall determine, by evidence presented on the record, whether the juvenile is incompetent to proceed.
- (c) Findings of fact. -- Findings of fact shall be based on the evaluation of the child by the qualified expert.
- (d) Burden of proof. -- The State shall bear the burden of proving the child's competency beyond a reasonable doubt.
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