Okla. Stat. tit. 10A, § 10A-2-2-401.6
This is the official text of Okla. Stat. tit. 10A, § 10A-2-2-401.6, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.
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Competency hearing
Official statutory text
A. Not more than fifteen (15) judicial days after receiving the
evaluator's report, the court shall conduct a hearing to determine
the child's competency to participate in the proceeding. The court
may continue the hearing for good cause shown.
B. The competency evaluation report shall be admissible in
evidence. The evaluator may be called as a witness and be subject
to cross examination by all parties. If authorized by the court,
hearings held pursuant to this section may be conducted via
teleconference or videoconference. If the court contacts the
evaluator to obtain clarification of the report contents, the court
shall promptly inform all parties and allow each party to
participate in each contact.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 296
C. In determining the competency of the child to participate in
the proceeding the court shall consider the content of all
competency evaluation reports admitted as evidence. The court may
consider additional evidence introduced at the hearing by the
district attorney and the child's attorney.
D. 1. Except as otherwise provided, the court shall make a
written determination as to the child's competency based on a
preponderance of the evidence within ten (10) judicial days after
completion of the hearing. The burden of proof shall be on the
moving party.
2. The court shall not find a child incompetent to proceed
solely because the child is receiving or has received in-patient
treatment as a voluntary or involuntary mentally ill patient
pursuant to Section 5-501 et seq. of Title 43A of the Oklahoma
Statutes, or is receiving or has received psychotropic or other
medication, even if the child might become incompetent to proceed
without that medication.
evaluator's report, the court shall conduct a hearing to determine
the child's competency to participate in the proceeding. The court
may continue the hearing for good cause shown.
B. The competency evaluation report shall be admissible in
evidence. The evaluator may be called as a witness and be subject
to cross examination by all parties. If authorized by the court,
hearings held pursuant to this section may be conducted via
teleconference or videoconference. If the court contacts the
evaluator to obtain clarification of the report contents, the court
shall promptly inform all parties and allow each party to
participate in each contact.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 296
C. In determining the competency of the child to participate in
the proceeding the court shall consider the content of all
competency evaluation reports admitted as evidence. The court may
consider additional evidence introduced at the hearing by the
district attorney and the child's attorney.
D. 1. Except as otherwise provided, the court shall make a
written determination as to the child's competency based on a
preponderance of the evidence within ten (10) judicial days after
completion of the hearing. The burden of proof shall be on the
moving party.
2. The court shall not find a child incompetent to proceed
solely because the child is receiving or has received in-patient
treatment as a voluntary or involuntary mentally ill patient
pursuant to Section 5-501 et seq. of Title 43A of the Oklahoma
Statutes, or is receiving or has received psychotropic or other
medication, even if the child might become incompetent to proceed
without that medication.
Status: in_force · Read it on the official government site
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