{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-401.3","heading":"Motion for determination of competency - Competency","body":"evaluation.\n\nA. When the district attorney or the child's attorney has\n\nreasonable basis to believe that a child is incompetent to proceed\n\nin the delinquency or youthful offender proceeding, the party shall\n\nfile a motion for determination of competency. The motion shall\n\nstate that the child is incompetent to proceed and shall state facts\n\nsufficient to set forth the reasonable basis to conduct a competency\n\nevaluation. If the court raises the issue sua sponte, the court by\n\nwritten order shall set forth the reasonable basis that the child is\n\nincompetent to proceed.\n\nB. Within five (5) judicial days after the motion is made, the\n\ncourt shall make one of the following determinations:\n\n1. That the child is incompetent pursuant to subsection B of\n\nSection 2-2-401.2 of this title; or\n\n2. Without conducting a hearing, that there exists a reasonable\n\nbasis to conduct a competency evaluation; or\n\n3. To schedule a hearing to determine whether there exists a\n\nreasonable basis to conduct a competency evaluation. Such hearing\n\nshall be held within ten (10) judicial days. The court's\n\ndetermination shall be announced no later than one (1) judicial day\n\nafter the conclusion of the hearing.\n\nC. If the court determines there is a reasonable basis for a\n\ncompetency evaluation or if the district attorney and the child's\n\nattorney agree to the evaluation, the court shall order a competency\n\nevaluation. If the court orders a competency evaluation, the court\n\nshall order that the competency evaluation be conducted in the\n\nleast-restrictive environment, taking into account the public safety\n\nand the best interests of the child.\n\n1. The court shall provide in its order that the evaluator\n\nshall have access to all relevant confidential and public records\n\nrelated to the child, including competency evaluations and reports\n\nconducted in prior delinquent or youthful offender proceedings. The\n\ncourt shall provide to the evaluator a copy of the delinquency\n\npetition or youthful offender information and the names and contact\n\ninformation for the judge, district attorney, child's attorney, and\n\nparents or legal guardians.\n\n2. Within five (5) judicial days after the court orders an\n\nevaluation, the district attorney shall deliver to the evaluator\n\ncopies of relevant police reports and other background information\n\nrelevant to the child that are in the district attorney's\n\npossession.\n\n3. Within five (5) judicial days after the court orders an\n\nevaluation, the child's attorney shall deliver to the evaluator\n\ncopies of relevant police reports and other relevant records\n\nincluding, but not limited to, educational, medical, psychological,\n\nand neurological records that are relevant to the evaluation and\n\nthat are in the attorney's possession.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b4135644733a5cade06cb19bef2a4ea15f8918fdabb757c95e032bfe50bea393","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.2","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.4"},"notice":"GroundRules: Original legal text. Not legal advice."}