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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 10A, § 10A-2-2-401.6: Competency hearing

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Where this section sits in the code
  1. OK Code
  2. Title 10A

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.

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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