AB 689: Juvenile proceedings: competency.

Existing law authorizes, during the pendency of any juvenile proceeding, the minors counsel or the court to express a doubt as to the minors competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minors competency. Existing law requires the court to appoint an expert, as specified, 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 minors competency.

This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon an expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minors counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified.

The bill would also add provisions that would require a minors competency to instead be determined at an evidentiary hearing, and would establish a presumption of mental competency, unless it is proven by a preponderance of the evidence that the minor is mentally incompetent, except as specified. The bill would require the court, upon a finding of incompetency, to immediately refer the minor to services designed to help the minor attain competency, as specified. If the court finds that the minor will not achieve competency within a reasonable period of time, the bill would require the court to dismiss the petition. The bill would authorize the court to allow specified persons and agencies to discuss any services that may be available to the minor after the courts jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services.

By imposing additional duties on local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.