RULE 11-416. COMPETENCY OF CHILD
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022
Effective: January 1, 2022
MD Rules, Rule 11-416
RULE 11-416. COMPETENCY OF CHILD
(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.
Cross reference: See Code, Courts Article, § 3-8A-17.11.
(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.
(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.
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 February 1, 2024. Some sections may be more current, see credits for details.
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