BILL NUMBER: AB 2212	AMENDED
	BILL TEXT

	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, as amended, 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 provide, with respect to 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, that if,
during the pendency of any action  prior to adjudication
 , a doubt is expressed that the minor who is the subject of
the action  does not have the   has 
sufficient present ability to  rationally and factually
understand the nature of the proceedings against him or her or assist
  consult with  his or her attorney  in
his or her defense   with a reasonable degree of
rational understanding and a rational as well as factual
understanding of the proceedings against him or her  , the court
shall declare a doubt as to the minor's competency and suspend the
proceedings. The bill would require, upon declaration of a doubt as
to the minor's competency, the court to order that the question of
the minor's competence be determined in a hearing, as specified. The
bill would require the court to appoint an expert in the field of
juvenile adjudicative competency  , as specified,  to
evaluate whether the minor suffers from a mental disorder,
developmental disability, or developmental immaturity 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  until the minor
becomes competent  to determine whether there is a
substantial probability that the minor will attain that capacity in
the foreseeable future  or the court no longer retains
jurisdiction.  The period of time during which these proceedings
would be suspended would not exceed 6 months. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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) If, during the pendency of any action  prior to
adjudication  , a doubt is expressed that the minor who is
the subject of that action  does not have the  
has  sufficient present ability to  rationally and
factually understand the nature of the proceedings against him or her
or assist his or her attorney in his or her defense,  
consult with   his or her lawyer with a reasonable degree of
rational understanding, and a rational as well as factual
understanding of the proceedings against him or her,  the court
shall declare a doubt as to the minor's competency and  shall
 suspend the proceedings.
   (b) Upon declaration of a doubt as to the minor's competency, the
court shall order that the question of the minor's competence is to
be determined in a hearing. The court shall appoint an expert in the
field of juvenile adjudicative competency to evaluate whether the
minor suffers from a mental disorder, developmental disability, or
developmental immaturity, 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  until
the minor becomes competent   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 that capacity in
the foreseeable future,  or the court no longer retains
jurisdiction.  This period of time during which these proceedings
are suspended shall not exceed six months. During this time, the
following motions and hearings may be heard and rule   d
upon:  
   (1) A motion to dismiss.  
   (2) A motion by the defense regarding a change in the placement of
the minor.  
   (3) A detention hearing.  
   (4) A demurrer. 
   (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.