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2019 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 6 - Juvenile Court Act
Part 13 - Juvenile Competency
Section 1301 - Competency to proceed.
Universal Citation: UT Code § 78A-6-1301 (2019)
Effective 5/14/2019
78A-6-1301. Competency to proceed.
Amended by Chapter 388, 2019 General Session
78A-6-1301. Competency to proceed.
- (1) In a case alleging that a minor has violated any federal, state, or local law, a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed.
- (2) The written motion shall contain:
- (a) a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:
- (i) a mental illness;
- (ii) intellectual disability or a related condition; or
- (iii) developmental immaturity;
- (b) a recital of the facts, observations, and conversations with the minor that have formed the basis for the motion; and
- (c) if filed by defense counsel, the motion shall contain information that can be revealed without invading the lawyer-client privilege.
- (a) a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:
- (3) The motion may be based upon knowledge or information and belief and may be filed by:
- (a) the minor alleged not competent to proceed;
- (b) any person acting on the minor's behalf;
- (c) the prosecuting attorney;
- (d) the guardian ad litem; or
- (e) any person having custody or supervision over the minor.
- (4)
- (a) The court in which a petition is pending may raise the issue of a minor's competency at any time.
- (b) If raised by the court, counsel for each party shall be permitted to address the issue of competency, and the court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.
Amended by Chapter 388, 2019 General Session
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