Okla. Stat. tit. 10A, § 10A-2-2-401.7

A. After a hearing pursuant to Section 2-2-401.6 of this title,

if the court determines by a preponderance of the evidence that the

child is competent to proceed, the delinquency or youthful offender

proceedings shall be resumed as provided by law.

B. After a hearing pursuant to Section 2-2-401.6 of this title,

if the court determines by the preponderance of the evidence that

the child is incompetent to proceed and cannot attain competency

within the period of time application under subparagraph a of

paragraph 3 of subsection C of this section, the court shall dismiss

the petition or information without prejudice, and take either of

the following actions:

1. Refer the matter to the Oklahoma Department of Human

Services and request a determination whether a deprived action

should be filed in accordance with the Oklahoma Children's Code

alleging that the child is a neglected, abused or dependent child;

or

2. Refer the matter to the district attorney for consideration

of initiating a Child in Need of Supervision or Minor in Need of

Mental Health and Substance Abuse Treatment proceeding in accordance

with the Oklahoma Juvenile Code or Inpatient Mental Health and

Substance Abuse Treatment of Minors Act.

C. If the court determines by a preponderance of the evidence

that a child is incompetent to proceed but may likely attain

competency, the court shall stay the proceedings and order the child

to receive services designated to assist the child in attaining

competency, based upon the recommendations in the competency

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 297

evaluation report unless the court makes specific findings that the

recommended services are not justified. The court shall order the

child's parent or legal guardian to contact a court-designated

provider by a specified date to arrange for services.

1. The competency attainment services provided to a child shall

be based on a court-approved competency attainment plan described in

paragraph 2 of subsection D of this section, and are subject to the

conditions and time periods required pursuant to this section

measured from the date the court approves the plan.

2. The court shall order that the competency attainment

services ordered are provided in the least-restrictive environment,

taking into account the public safety and the best interests of the

child. If the child has been released on temporary orders and

refuses or fails to cooperate with the service provider, the court

may modify the orders to require a more appropriate setting.

3. No child shall be required to participate in competency

attainment services for longer than is required to attain

competency. The following maximum periods of participation shall

apply:

a. if the services are provided, the child shall not

participate in those services for a period exceeding

six (6) months or upon the child's 18th birthday, or

up to the child's 19th birthday if ordered by the

court in order to complete the six (6) months of

treatment, if the child is charged with an act that

would be a misdemeanor if committed by an adult,

b. if the services are provided, the child shall not

participate for a period exceeding twelve (12) months

or upon the child's 18th birthday, or up to the

child's 19th birthday if ordered by the court in order

to complete the twelve (12) months of treatment, if

the child is charged as a delinquent or youthful

offender for an act that would be a felony if

committed by an adult.

D. 1. Within ten (10) judicial days after the court orders the

provider responsible for the child's competency attainment services,

the court shall deliver to that provider:

a. the name and address of the child's counsel,

b. a copy of the child's Petition or Information,

c. a copy of the competency evaluation report,

d. the name, address, and phone number of the child's

parents or legal guardian,
Within ten (10) judicial days after the court orders the

provider responsible for the child's competency attainment services,

the court shall deliver to that provider:

a. the name and address of the child's counsel,

b. a copy of the child's Petition or Information,

c. a copy of the competency evaluation report,

d. the name, address, and phone number of the child's

parents or legal guardian,

e. the name of the Office of Juvenile Affairs employee or

Juvenile Bureau employee responsible for the intake,

supervision, or custody of the child, if adjudicated,

f. the name of the Department of Human Services

caseworker, if any, and

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g. any other relevant documents or reports concerning the

child's health that have come to the attention of the

court.

2. Not later than ten (10) judicial days after the child

contacts the competency attainment provider, a plan for the child to

attain competency shall be submitted to the court by the provider.

The court shall provide copies of the plan to the district attorney,

the child's attorney, the guardian ad litem, if any, the Office of

Juvenile Affairs or Juvenile Bureau, and the child's parent or legal

guardian.

E. The provider shall submit reports to the court pursuant to

the following schedule:

1. Every ninety (90) calendar days and upon completion or the

termination of services. Each report shall include the following:

a. the services provided to the child, including

medication, education and counseling,

b. the likelihood that the competency of the child to

proceed will be restored within the applicable period

of time set forth in subparagraph a of paragraph 3 of

subsection C of this section, and

c. the progress made towards the goals and objectives for

the restoration of competency identified in the

recommendations from the competency evaluation as

adopted by the court;

2. Three (3) judicial days after the provider's determination

that the child is not cooperating to a degree that would allow the

services to be effective to help the child attain competency;

3. Three (3) judicial days after the provider's determination

that the current setting is no longer the least-restrictive setting

that is consistent with the child's ability to attain competency and

taking into account the public safety and the best interests of the

child. The provider shall include in the report an assessment of

the danger the child poses to himself, herself or others and an

assessment of the appropriateness of the placement;

4. Three (3) judicial days after the provider's determination

that the child has achieved the goals of the plan and would be able

to understand the nature and objectives of the proceedings against

the child, to assist in the child's defense, and to understand and

appreciate the consequences that may be imposed or result from the

proceedings with or without reasonable accommodations. The report

shall include recommendations for the accommodations that would be

necessary or advantageous; and

5. Three (3) judicial days after the provider's determination

that the child will not achieve the goals of the plan within the

applicable period of time pursuant to subparagraph a of paragraph 3

of subsection C of this section. The report shall include

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recommendations for services for the child and taking into account

the public safety and the best interests of the child.

F. The court shall provide copies of any report made by the

provider to the district attorney, the child's attorney, the child's

intake worker, and the child's guardian ad litem, if any. The court

shall provide copies of any reports made by the provider to the

child's parents or legal guardians, unless the court finds that

doing so is not in the best interest of the child.

G. Within fifteen (15) judicial days after receiving a
any report made by the

provider to the district attorney, the child's attorney, the child's

intake worker, and the child's guardian ad litem, if any. The court

shall provide copies of any reports made by the provider to the

child's parents or legal guardians, unless the court finds that

doing so is not in the best interest of the child.

G. Within fifteen (15) judicial days after receiving a

provider's report, the court may hold a hearing to determine if a

new order is necessary.

1. If the court determines that the child is not making

progress toward competency or is so uncooperative that attainment

services cannot be effective, the court may order a change in

setting or services that would help the child attain competency

within the relevant period of time as set forth in subparagraph a of

paragraph 3 of subsection C of this section.

2. If the court determines that the child has not or will not

attain competency within the relevant period of time as set forth in

subparagraph a of paragraph 3 of subsection C of this section, the

court shall dismiss the delinquency or youthful offender charge

without prejudice.

3. A dismissal under paragraph 2 of this subsection shall not

preclude a future delinquent child or youthful offender proceeding

as provided for under this title.

H. After a hearing held pursuant to subsection G of this

section, if the court determines that the child has attained

competency, the court shall proceed with the delinquency or youthful

offender proceeding in accordance with the provisions of the

Juvenile Code.

I. A dismissal under this section does not bar a civil action

based on the acts or omissions that formed the basis of the petition

or information.