Skip to main content
Find a Lawyer

Louisiana Children's Code Tit. VIII, Art. 835. Report of competency commission; content; filing

Current as of January 01, 2023 | Updated by Findlaw Staff

A. The competency commission shall file its report in the court record and mail copies to all counsel of record within thirty days after the date of the order of appointment. For good cause shown, the court may extend the time for filing for a period not to exceed fifteen days.

B. The report shall include the following:

(1) The reason for the evaluation, if known.

(2) The evaluation procedures used, including any psychometric tests administered, records reviewed, and identity of any persons interviewed.

(3) Pertinent background information, including history of school performance, previous psychiatric history, and family history.

(4) Results of mental status examination, including any psychometric testing administered.

(5) A description of any psychiatric symptoms or cognitive deficiencies, including a diagnosis, if one has been made.

(6) A description of the child's abilities and deficits in the following mental competency functions, coupled with the reasons therefor:

(a) Understanding and appreciation of the nature and object of the proceedings.

(b) Comprehension of his situation in relation to the proceedings.

(c) Rendering assistance to defense counsel in preparation of the case.

(7) An opinion regarding whether as a result of mental illness or developmental disability a child presently lacks the capacity to understand the nature of proceedings against him or to assist in his defense.

(8) Recommendations for modifications to court procedures which may help compensate for mental competency weaknesses.

C. If, in the competency commission's opinion, the child should not be considered to possess mental capacity to proceed, the report shall also include the following:

(1) A prognosis as to whether there is a substantial probability that the child will attain mental competency to proceed in the foreseeable future.

(2) Recommendations for the type of remediation necessary, such as competency restoration services.

D. The report shall not include any statement of the child relating to the alleged offense, and no such statement may be used against the child in court proceedings on the offense.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Louisiana Children's Code Tit. VIII, Art. 835. Report of competency commission; content; filing - last updated January 01, 2023 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-viii-art-835/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard