38-2348. Proceedings to determine competency. (a) For the purpose of this section, a person charged as a juvenile is incompetent for adjudication as a juvenile offender if, because of mental illness or defect, such person is unable to:
(1) Understand the nature and purpose of the proceedings; or
(2) make or assist in making a defense.
Whenever the words "competent," "competency," "incompetent" and "incompetency" are used without qualification in this code, such words shall refer to the standard for incompetency described in this subsection.
(b) (1) If at any time after such person has been charged as a juvenile there is reason to believe that the juvenile is incompetent for adjudication as a juvenile offender, the proceedings shall be suspended and the court before whom the case is pending shall conduct a hearing to determine the competency of the juvenile. Such a hearing may be held upon the motion of the juvenile's attorney or the prosecuting attorney, or upon the court's own motion.
(2) The court shall determine the issue of competency. To facilitate in this determination, the court may: (A) Appoint a licensed psychiatrist or psychologist to examine the juvenile; or (B) designate a private or public mental health facility to conduct a psychiatric or psychological examination and report to the court. If the examining psychiatrist, psychologist or private or public mental health facility determines that further examination is necessary, the court may commit the juvenile for not more than 60 days to any appropriate public or private institution for examination and report to the court. For good cause shown, the commitment may be extended for another 60 days. No statement made by the juvenile in the course of any examination provided for by this section, whether the examination is with or without the consent of the juvenile, shall be admitted in evidence against the juvenile in any hearing.
(3) Unless the court finds the attendance of the juvenile would be injurious to the juvenile's health, the juvenile shall be present personally at all proceedings under this section.
(c) If the juvenile is found to be competent, the proceedings which have been suspended shall be resumed.
(d) If the juvenile is found to be incompetent, the juvenile shall remain subject to the jurisdiction of the court and shall be committed for evaluation and treatment pursuant to K.S.A. 38-2349 and 38-2350, and amendments thereto. One or both parents of the juvenile may be ordered to pay child support pursuant to the Kansas child support guidelines. Upon application of the juvenile and in the discretion of the court, the juvenile may be released to any appropriate private institution upon terms and conditions prescribed by the court.
(e) If at any time after proceedings have been suspended under this section, there are reasonable grounds to believe that a juvenile who has been adjudged incompetent is now competent, the court in which the case is pending shall conduct a hearing to determine the juvenile's present mental condition. Reasonable notice of the hearings shall be given to the prosecuting attorney, the juvenile and the juvenile's attorney of record, if any. If the court, following the hearing, finds the juvenile to be competent, the pending proceedings shall be resumed.
History: L. 2006, ch. 169, ยง 48; Jan. 1, 2007.
Structure Kansas Statutes
Article 23 - Revised Kansas Juvenile Justice Code
38-2301 Citation; goals of the code; policy development.
38-2303 Time limitations for commencement of proceeding.
38-2307 Court-appointed special advocate; immunity from liability; supreme court rules.
38-2308 Local citizen review board; duties and powers.
38-2309 Court records; disclosure; preservation of records.
38-2311 Records of diagnostic, treatment or medical records concerning juveniles; penalties.
38-2312 Expungement of records; docket fee.
38-2313 Fingerprints and photographs.
38-2314 Docket fee; authorized only by legislative enactment; expenses; assessment.
38-2315 Expense of care and custody of juvenile.
38-2317 Infectious disease testing and counseling; disclosure of results; penalties.
38-2318 Determination of parentage.
38-2319 Determination of child support.
38-2320 Journal entry for child support.
38-2321 Withholding order for child support; filing; service.
38-2322 Remedies supplemental not substitute.
38-2323 Placement under juvenile justice code; assignment of support right.
38-2324 Liability of parent or guardian for assistance provided juvenile, exceptions.
38-2325 Juvenile offender information system; definitions.
38-2326 Same; establishment and maintenance.
38-2327 Commencement of proceedings; duties of county or district attorney.
38-2329 Notice of defense of alibi or mental disease or defect.
38-2330 Juvenile taken into custody, when; procedure; release; detention in jail; notice to appear.
38-2331 Criteria for detention of juvenile in detention facility.
38-2333 Juvenile less than 14, admission or confession from interrogation.
38-2336 Proceedings upon filing of complaint.
38-2337 Summons; persons upon whom served; form.
38-2340 Service of other pleadings.
38-2341 Subpoenas and witness fees.
38-2344 First appearance; plea.
38-2346 Immediate intervention programs.
38-2348 Proceedings to determine competency.
38-2349 Same; commitment of incompetent.
38-2350 Same; juvenile not mentally ill person.
38-2353 Hearings; open to the public; restrictions.
38-2357 Jury trials in certain cases.
38-2358 Recorded statement of child victim admissible in certain cases; limitations.
38-2360 Post-adjudication orders and hearings.
38-2361 Sentencing alternatives.
38-2362 Orders relating to parents.
38-2363 Duty of parents and others to aid in enforcement of court orders; failure, contempt.
38-2367 Modification of sentence.
38-2368 Violation of condition of probation or placement.
38-2370 Good time credits; rules and regulations.
38-2371 Departure sentences; hearing; order; findings of fact; limitations.
38-2372 Computation of sentence.
38-2373 Commitment to juvenile correctional facility; transfers.
38-2374 Same; conditional release; procedure; supervision; notification; aftercare services.
38-2375 Same; conditional release; failure to obey; authorized dispositions.
38-2376 Same; discharge from commitment; notification.
38-2377 Notification of pending release; hearing; maximum term of imprisonment.
38-2378 School district involvement in discharge plan.
38-2379 Written notice by county or district attorney.
38-2380 Orders appealable by juvenile; appeal of departure sentence, procedure.
38-2381 Appeals by prosecution.
38-2383 Temporary orders pending appeal; status of orders appealed from.
38-2386 Law enforcement power; special investigators.
38-2387 Application to existing cases.
38-2388 Awarding high school diplomas; requirements.
38-2389 Alternative means of adjudication; exceptions; withdrawal; appeal.
38-2390 Legislative cost study analysis of youth residential centers.
38-2391 Overall case length limits.
38-2393 Multidisciplinary team for failure to comply with immediate intervention plan.
38-2395 Standards for immediate intervention.
38-2396 Reintegration plan for certain juveniles removed from the home.
38-2397 Earned time calculations.
38-2398 Earned discharge for juvenile probationers.
38-2399 Department of corrections contracts for youth residential facility beds.
38-23,100 Community integration programs for juveniles.
38-23,101 Findings to be made on juvenile's first removal from home.