BILL NUMBER: AB 2212	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2010
	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, a doubt  is expressed
  arises in the mind of the presiding officer  that
the minor who is the subject of the action has sufficient present
ability to  consult   cooperate  with his
or her attorney 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 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, a doubt 
is expressed   arises in the mind of the presiding
officer  that the minor who is the subject of that action has
sufficient present ability to  consult  
cooperate  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 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 ruled 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.