California Welfare and Institutions Code

§ 709

WIC § 709 Effective Jul 31, 2019Div. 2 · Part 1 · Ch. 2 · Art. 17

Statute text

(a)(1) If the court has a doubt that a minor who is subject to any juvenile proceedings is competent, the court shall suspend all proceedings and proceed pursuant to this section.

(2)A minor is incompetent for purposes of this section if the minor lacks sufficient present ability to consult with counsel and assist in preparing the minor’s 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 them. Incompetency may result from the presence of any condition or conditions, including, but not limited to, mental illness, mental disorder, developmental disability, or developmental immaturity. Except as specifically provided otherwise, this section applies to a minor who is alleged to come within the jurisdiction of the court pursuant to Section 601 or 602.

(3)Notwithstanding paragraph (1), during the pendency of any juvenile proceeding, the court may receive information from any source regarding the minor’s ability to understand the proceedings. The minor’s counsel or the court may express a doubt as to the minor’s competency. If the court finds substantial evidence that raises a doubt as to the minor’s competency, the proceedings shall be suspended.

…

Legislative history

Amended by Stats. 2019, Ch. 161, Sec. 1. (AB 439) Effective July 31, 2019.