BILL NUMBER: AB 2212	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 10, 2010
	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 arises in the
mind of the presiding officer that the minor who is the subject of
the action has sufficient present ability to 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   authorize, during the pendency
of any juvenile proceeding, the minor's counsel or the court to
express a doubt as to the minor's competency. The bill would provide
that a minor is incompetent to proceed if he or she lacks sufficient
present ability to consult with counsel and assist in preparing his
or her defense with a reasonable degree of rational understanding, or
lacks a rational as well as factual understanding, of the nature of
the charges or proceedings against him or her.   The bill
would require proceedings to be suspended if the court finds
substantial evidence raises a doubt as to the minor's competency
 . 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 
, or other condition  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   competency  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) During the pendency of any juvenile proceeding, the
minor's counsel or the court may express a doubt as to the minor's
competency. A minor is incompetent to proceed if he or she lacks
sufficient present ability to consult with counsel and assist in
preparing his or her defense with a reasonable degree of rational
understanding, or lacks a rational as well as factual understanding,
of the nature of the charges or proceedings against him or her. If
the court finds substantial evidence raises a doubt as to the minor's
competency, the proceedings shall be suspended.
   (b) Upon suspension of proceedings, the court shall order that the
question of the minor's competence be determined at a hearing. The
court shall appoint an expert to evaluate whether the minor suffers
from a mental disorder, developmental disability, developmental
immaturity, or other condition 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
competency in the foreseeable future, or the court no longer retains
jurisdiction. During this time, the court may make orders that it
deems appropriate for services that may assist the minor in attaining
competency. Further, the court may rule on motions that do not
require the participation of the minor in the preparation of the
motions. These motions include, but are not limited to:
   (1) Motions to dismiss.
   (2) Motions by the defense regarding a change in the placement of
the minor.
   (3) Detention hearings.
   (4) Demurrers.  
  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 arises in
the mind of the presiding officer that the minor who is the subject
of that action has sufficient present ability to 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.