Juvenile Competency Protocol - Alameda County Behavioral Health

Suspend Proceedings
Once the court orders a competency hearing, the juvenile proceedings must be
suspended until a trial on the minor’s competency has been concluded and the minor
either is found mentally competent or has his or her competency restored. Welfare &
Institutions Code §§ 709 and 6551 [Juvenile statutes]
SECTION THREE
JUVENILE COMPETENCY FORENSIC EVALUATION
If the court finds that “substantial evidence raises a doubt as to a minor’s
competency, the underlying delinquency case is suspended, and the matter is heading
toward a competency trial, the court must order that a competency evaluation be
performed prior to the trial.
W&I Code §709(b) states
“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.”
Calendaring Future Court Hearings
On the day the court orders a Pre-Trial Competency Evaluation, the clerk of the
court will contact the Chief of the Guidance Clinic who will assign a Competency
evaluator to the case from the list of approved evaluators. The Chief of the Guidance
Clinic, within 48 hours will assign the case to an evaluator who is available and able to
provide a timely report within time requirements and constraints of the particular case.
Two days prior to the date the report shall be received in court, the Pre-Trial
Competency Evaluator will deliver the completed report to the court clerk’s office for
distribution to the appropriate trial court.
Pre-Trial Competency Evaluator Qualifications
W&I Code §709(b) states:
“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.
11 Superior Court, Alameda County, California
Juvenile Court, Juvenile Competency Protocol
March 1, 2013