Journal Entry Form Of Competency Hearing Form (Page 2 of 2) in pdf

Journal Entry Form Of Competency Hearing Form Page 2

5/1/13

Authority

K.S.A. 38-2348; 38-2349 and 38-2350.

Notes on Use

If the court finds the juvenile competent, then proceedings shall be resumed (Form 325).

K.S.A. 38-2349 provides that if the court finds the juvenile incompetent, then the juvenile shall be

committed for evaluation and treatment for up to 90 days (Form 325). At the end of that period the

chief medical officer shall report to the court whether there is a substantial probability of the

juvenile attaining competency. If the chief medical officer certifies that a probability of attaining

competency does not exist, the court shall order the state to commence chapter 59 mental illness

proceedings.

If the chief medical officer certifies that there is a probability of attaining

competency, then the juvenile shall remain for further treatment for up to 6 months (Form 326). If

at the end of that treatment period competency appears to have been attained, then the court shall

conduct a hearing to determine if competency has been attained, and lift the suspension of

proceedings if that is so determined (Form 326). If at the end of that treatment period competency

has not been attained, then the court shall order the state to file Chapter 59 mental illness

proceedings on the juvenile (Form 326).

K.S.A. 38-2350 provides that if the juvenile is

competent, but determined not to be mentally ill subject to involuntary commitment, then the

charges must be dismissed and the juvenile discharged within 5 days of receiving notice of the

determination from the secretary of SRS, unless the court finds that the juvenile has attained

competency (Form 327). A restatement of the statute as a flowchart which may assist in

understanding the process is included in the Notes on Use accompanying Form 322.

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Journal Entry Form Of Competency Hearing Form Page 2