2021 West Virginia Code
Chapter 49. Child Welfare
Article 4. Court Actions
§49-4-732. Hearing to Determine Juvenile S Competency to Participate in the Proceedings
(a) Not more than 15 judicial days after receiving the evaluators report, the court shall conduct a hearing to determine the juveniles competency to participate in the proceedings. The court may continue the hearing for good cause shown.
(b) The competency evaluation report is admissible as evidence in the competency proceedings. The qualified forensic evaluator may be called as a witness and is subject to cross examination by all parties. If authorized by the court, hearings held pursuant to this section may be conducted by or participated in using teleconference or video conference technology. If the court contacts the qualified forensic evaluator to obtain clarification of the report contents, the court shall promptly inform all parties and allow each party to participate in each contact.
(c) In determining the competency of the juvenile to participate in the proceedings, the court shall consider the content of all competency evaluation reports admitted as evidence. The court may consider additional evidence introduced at the hearing by the prosecuting attorney, the juveniles attorney, or guardian ad litem.
(d) (1) Except as otherwise provided, the court shall make a written determination as to the juveniles competency based on a preponderance of the evidence within 10 judicial days after completion of the hearing. The applicable burden of proof shall be as set forth in 49-4-727 of this code.
(2) The court shall not find a juvenile competent to proceed solely because the juvenile is receiving or has received in-patient treatment or is receiving or has received psychotropic or other medication, even if the juvenile might become incompetent to proceed without that medication.
