Finding Of Competence To Stand Trial And Authorization To Resume Proceedings

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Family Court Order following Blair Hearing on Juvenile’s Competency To Stand Trial
Finding Juvenile Competent to Stand Trial §44-23-430(1)
STATE OF SOUTH CAROLINA
)
IN THE FAMILY COURT
)
_____JUDICIAL CIRCUIT
COUNTY OF ______________________
)
)
)
FINDING OF COMPETENCE
A JUVENILE
)
TO STAND TRIAL AND
)
AUTHORIZATION TO
)
RESUME PROCEEDINGS
)
)
A Child under Seventeen (17) Years of Age ) Docket No. ____________________________
Plaintiff Attorney: _______________________________
Hearing Date: ______________________
Defendant Attorney: ______________________________
Judge: ____________________________
Guardian ad Litem:_______________________________
Court Reporter: ____________________
This matter is before me pursuant to S.C. Code Ann. §44-23-430 (1976) for a hearing on
the issue of the juvenile’s competence to stand trial.
The juvenile,_______________________ , is charged with ________________________
_____________________________________________________________________________.
Pursuant to a previous Court order, the juvenile’s competence to stand trial has been evaluated.
In a report dated (
/
/
), the examiners found that the juvenile presently has sufficient
mental capacity to understand the charges against him and assist in his own defense and thus is
fully competent to stand trial pursuant to the standards set forth in S. C. Code Ann. § 44-23-410
and State vs. Blair, 275 S.C. 529, 273 S.E.2d 536 (1981). The report was statutorily admitted
into evidence pursuant to S.C. Code Ann. §44-23-420(C) and a copy of the report is attached
hereto.
Based upon the examiner’s report, I find that the juvenile is presently competent to stand
trial, and the proceedings in this matter shall resume.
IT IS SO ORDERED.
Date: ______________________, 20____
__________________________
__________________________, S.C.
Family Court Judge
SCCA 487A (12/2009)

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