Okla. Stat. tit. 10A, § 10A-2-2-401.2

Competency of child - Rebuttable presumption.

A. 1. At any time prior to or during delinquency or youthful

offender proceedings pursuant to the Oklahoma Juvenile Code, the

child's attorney, the district attorney, or the court may raise the

issue of a child's competency to participate in the proceeding. If

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 292

at the time the issue of competency is raised the child is not

represented by counsel, the court shall immediately appoint counsel.

The court shall stay all proceedings except to allow the filing of a

delinquency petition or youthful offender information.

2. At any time prior to or during delinquency or youthful

offender proceedings pursuant to the Oklahoma Juvenile Code, the

Office of Juvenile Affairs may file a Motion to Intervene to raise

the issue of a child's competency for any child in its custody.

3. In any delinquency or youthful offender proceeding pursuant

to the Juvenile Code, if the child who is the subject of the

proceeding is thirteen (13) years or older and if the child is not

otherwise found to be developmentally disabled, developmentally

immature, intellectually disabled, or mentally ill, there exists a

rebuttable presumption that the child is competent. Such

presumption applies only for making a determination as to whether

the child is competent and shall not be used or applicable for any

other purpose.

B. The court may find a child incompetent without ordering a

competency evaluation or hearing if the district attorney and the

child's attorney, and at least one of the child's parents, legal

guardians, or guardian ad litem agree to the determination.