Okla. Stat. tit. 10A, § 10A-2-2-401.5: Competency evaluation report

A. The evaluator shall file with the court a written competency

evaluation report within thirty (30) days after the date of the

order of appointment. For good cause shown, the court may extend

the time for filing for a period not to exceed thirty (30) days.

The report shall include the evaluator's opinion as to whether the

child, due to developmental disability, developmental immaturity,

intellectual disability, or mental illness, is currently incapable

of understanding the nature and objective of the proceedings against

the child or of assisting in the child's defense. The report shall

not include the evaluator's opinion as to the details of the alleged

offense as reported by the child, or an opinion as to whether the

child actually committed the offense or could be culpable for

committing the offense. No statement made by a child during an

evaluation or hearing conducted pursuant to this act shall be used

against the child on the issue of responsibility or guilt in

subsequent court proceedings.

B. A competency evaluation report shall address the following

questions:

1. Whether the child is able to understand and appreciate the

charges and their seriousness;

2. Whether the child is able to consult with an attorney and

rationally and factually assist in his or her defense;

3. Whether the child can understand and reasonably participate

in the proceedings;

4. If the answer to question 1, 2 or 3 is no, whether the child

can attain competency within a reasonable time pursuant to Section 7

of this act if provided with a course of treatment, therapy, or

training;

5. Whether the child poses an imminent threat to the life or

safety of him or herself or others; and

6. Whether the child is mentally ill or is a minor in need of

treatment as defined by the Inpatient Mental Health and Substance

Abuse Treatment of Minors Act.

C. If the evaluator concludes that the child's competency is

impaired, but that the child may be rendered competent by reasonable

accommodations, the report shall include recommendations for

reasonable accommodations which the court shall order to assist in

compensating for the competency impairments.

D. If the evaluator concludes there is a substantial

probability that the child could attain competency within the

periods set forth in subparagraph a of paragraph 3 of subsection C

of Section 7 of this act, the competency evaluation report shall

include a recommendation as to the least restrictive setting for

child competency attainment services consistent with the child's

ability to attain competency and the safety of both the child and

the public.

E. The competency evaluation report shall also include:

1. The evaluation procedures used, including psychometric tests

administered, records reviewed, and identity of persons interviewed;

2. Pertinent background information, including history of

educational performance, psychiatric history, and family history;

3. Results of mental status examination; and

4. A description of any psychiatric symptoms or cognitive

deficiencies, including a diagnosis, if one has been made.

F. The court shall provide a copy of each competency evaluation

report it receives to the district attorney and the child's

attorney, and may provide a copy upon request to the child's

parents, legal guardian, and guardian ad litem, if one was

appointed.

G. The expense of an evaluation ordered by the court may be

recovered from the child or the child's parents or legal guardians

based upon their ability to pay. Expenses associated with missed

appointments may be recovered from the child's parents or legal

guardians.