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Utah Code Title 80. Utah Juvenile Code § 80-6-401. Competency to proceed

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) If a petition is filed under Section 80-6-305, or a criminal information is filed under Section 80-6-503, in the juvenile court, 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) an 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.

(3) The motion may be:

(a) based upon knowledge or information and belief;  and

(b) filed by:

(i) the minor alleged not competent to proceed;

(ii) any person acting on the minor's behalf;

(iii) the prosecuting attorney;

(iv) the attorney guardian ad litem;  or

(v) any person having custody or supervision over the minor.

(4)(a) The juvenile court may raise the issue of a minor's competency at any time.

(b) If raised by the juvenile court, counsel for each party shall be permitted to address the issue of competency.

(c) The juvenile court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.

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Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-6-401. Competency to proceed - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-6-401.html

Read this complete Utah Code Title 80. Utah Juvenile Code § 80-6-401. Competency to proceed on Westlaw

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 or via Westlaw before relying on it for your legal needs.

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