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RULE 11-416. COMPETENCY OF CHILD

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 400. Delinquency and Citation Proceedings (Refs & Annos)
Effective: January 1, 2022
MD Rules, Rule 11-416
RULE 11-416. COMPETENCY OF CHILD
(a) Evaluation of Child's Mental Condition.
(1) Generally. At any time after a delinquency petition is filed, the court, on its own initiative or on motion by the State's Attorney or the attorney for the child, shall stay all proceedings and order that the Maryland Department of Health or other qualified expert conduct an evaluation of the child's competence to proceed if the court makes the findings set forth in Code, Court's Article, § 3-8A-17.1. Any motion or pleading that questions the child's competency to proceed shall be served on (A) the State's Attorney, (B) the child's attorney, (C) the child, if unrepresented by an attorney, (D) the Department of Juvenile Services, and (E) the Maryland Department of Health.
(2) Conduct of Evaluation. The evaluation shall be conducted in accordance with Code, Courts Article, §§ 3-8A-17.2 and 3-8A-17.3.
(b) Competency Hearing.
(1) When Held. Within 15 days after receipt of a report of the evaluation, the court shall hold a competency hearing. For good cause, the court may extend the time for an additional 15 days.
(2) Conduct of Hearing.
(A) In a competency hearing, the court shall presume that the child did not commit the act alleged in the petition.
Cross reference: See Code, Courts Article, § 3-8A-17.11.
(B) Findings of fact shall be based on the evaluation of the child by the qualified expert. The State bears the burden of proving the child's competency beyond a reasonable doubt.
(3) Finding of Competency. If the court determines that the child is competent to proceed, it shall enter an order stating that the child is competent, lift the stay imposed under section (a) of this Rule, and proceed with the delinquency petition or violation of probation petition in accordance with the time periods specified in Code, Courts Article, § 3-8A-17.5.
(4) Finding of Incompetency.
(A) If the court determines that the child is incompetent to proceed but that there is a substantial probability that the child may be able to attain competency in the foreseeable future and that services are necessary to attain competency, the court shall proceed in accordance with Code, Courts Article, § 3-8A-17.6.
(B) If the court determines that the child is incompetent to proceed and is unlikely to attain competency in the foreseeable future, it shall proceed in accordance with Code, Courts Article, § 3-8A-17.7 or § 3-8A-17.8, as appropriate.
(5) Use of Certain Evidence in Other Proceedings. The following evidence presented in connection with a competency determination is inadmissible in any proceeding except one relating to the child's competency:
(A) Any statement made by the child or information elicited during a competency evaluation, competency hearing in connection with the determination of competency, or while services were being provided under Code, Title 3, Subtitle 8A; and
(B) Any report prepared by a qualified expert unless the attorney for the child introduces the report or any part of it in a hearing other than a competency hearing.
Cross reference: See Code, Courts Article, § 3-8A-17.10 (b).
Source: This Rule is new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-416, MD R JUV CAUSES Rule 11-416
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
End of Document