Bill Text: CA AB2212 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Minors: mental competency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 671, Statutes of 2010. [AB2212 Detail]

Download: California-2009-AB2212-Enrolled.html

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BILL NUMBER: AB 2212	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 11, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN SENATE  AUGUST 5, 2010
	AMENDED IN SENATE  JUNE 10, 2010
	AMENDED IN ASSEMBLY  APRIL 22, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2010

   An act to add Section 709 to the Welfare and Institutions Code,
relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2212, Fuentes. Minors: mental competency.
   Existing statutory law, in counties that agree to be subject to
these provisions pursuant to a resolution adopted by the board of
supervisors, provides that when it appears to the court, or upon
request of the prosecutor or counsel, that a minor who is alleged to
come within the jurisdiction of the juvenile court as a person who is
or may be found to be a ward of the juvenile court may have a
serious mental disorder, is seriously emotionally disturbed, or has a
developmental disability, the court may order that the minor be
referred for evaluation by a licensed mental health professional.
   Existing court rules provide that if the court finds that there is
reason to doubt that a child who is the subject of a petition to
declare the child a ward of the juvenile court is capable of
understanding the proceedings or of cooperating with the child's
attorney, the court is required to stay the proceedings and conduct a
hearing regarding the child's competence. If the court believes that
a child who comes within that description is mentally disabled or
may be mentally ill, the court may stay the proceedings and order
that the child be taken to a facility for an evaluation, as
specified.
   This bill would authorize, during the pendency of any juvenile
proceeding, the minor's counsel or the court to express a doubt as to
the minor's competency. The bill would provide that a minor is
incompetent to proceed if he or she lacks sufficient present ability
to consult with counsel and assist in preparing his or her defense
with a reasonable degree of rational understanding, or lacks a
rational as well as factual understanding, of the nature of the
charges or proceedings against him or her. The bill would require
proceedings to be suspended if the court finds substantial evidence
raises a doubt as to the minor's competency. The bill would require
the court to appoint an expert, as specified, to evaluate whether the
minor suffers from a mental disorder, developmental disability, or
developmental immaturity, or other condition and, if so, whether the
condition impairs the minor's competency. The bill would require the
Judicial Council to develop and adopt rules to implement these
requirements. The bill would require that, if the minor is found to
be incompetent by a preponderance of the evidence, all proceedings
remain suspended to determine whether there is a substantial
probability that the minor will attain competency in the foreseeable
future or the court no longer retains jurisdiction.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 709 is added to the Welfare and Institutions
Code, to read:
   709.  (a) During the pendency of any juvenile proceeding, the
minor's counsel or the court may express a doubt as to the minor's
competency. A minor is incompetent to proceed if he or she lacks
sufficient present ability to consult with counsel and assist in
preparing his or her defense with a reasonable degree of rational
understanding, or lacks a rational as well as factual understanding,
of the nature of the charges or proceedings against him or her. If
the court finds substantial evidence raises a doubt as to the minor's
competency, the proceedings shall be suspended.
   (b) Upon suspension of proceedings, the court shall order that the
question of the minor's competence be determined at a hearing. The
court shall appoint an expert to evaluate whether the minor suffers
from a mental disorder, developmental disability, developmental
immaturity, or other condition and, if so, whether the condition or
conditions impair the minor's competency. The expert shall have
expertise in child and adolescent development, and training in the
forensic evaluation of juveniles, and shall be familiar with
competency standards and accepted criteria used in evaluating
competence. The Judicial Council shall develop and adopt rules for
the implementation of these requirements.
   (c) If the minor is found to be incompetent by a preponderance of
the evidence, all proceedings shall remain suspended for a period of
time that is no longer than reasonably necessary to determine whether
there is a substantial probability that the minor will attain
competency in the foreseeable future, or the court no longer retains
jurisdiction. During this time, the court may make orders that it
deems appropriate for services that may assist the minor in attaining
competency. Further, the court may rule on motions that do not
require the participation of the minor in the preparation of the
motions. These motions include, but are not limited to:
   (1) Motions to dismiss.
   (2) Motions by the defense regarding a change in the placement of
the minor.
   (3) Detention hearings.
   (4) Demurrers.
   (d) If the minor is found to be competent, the court may proceed
commensurate with the court's jurisdiction.
   (e) This section applies to a minor who is alleged to come within
the jurisdiction of the court pursuant to Section 601 or 602.