{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-401.5","heading":"Competency evaluation report","body":"A. The evaluator shall file with the court a written competency\n\nevaluation report within thirty (30) days after the date of the\n\norder of appointment. For good cause shown, the court may extend\n\nthe time for filing for a period not to exceed thirty (30) days.\n\nThe report shall include the evaluator's opinion as to whether the\n\nchild, due to developmental disability, developmental immaturity,\n\nintellectual disability, or mental illness, is currently incapable\n\nof understanding the nature and objective of the proceedings against\n\nthe child or of assisting in the child's defense. The report shall\n\nnot include the evaluator's opinion as to the details of the alleged\n\noffense as reported by the child, or an opinion as to whether the\n\nchild actually committed the offense or could be culpable for\n\ncommitting the offense. No statement made by a child during an\n\nevaluation or hearing conducted pursuant to this act shall be used\n\nagainst the child on the issue of responsibility or guilt in\n\nsubsequent court proceedings.\n\nB. A competency evaluation report shall address the following\n\nquestions:\n\n1. Whether the child is able to understand and appreciate the\n\ncharges and their seriousness;\n\n2. Whether the child is able to consult with an attorney and\n\nrationally and factually assist in his or her defense;\n\n3. Whether the child can understand and reasonably participate\n\nin the proceedings;\n\n4. If the answer to question 1, 2 or 3 is no, whether the child\n\ncan attain competency within a reasonable time pursuant to Section 7\n\nof this act if provided with a course of treatment, therapy, or\n\ntraining;\n\n5. Whether the child poses an imminent threat to the life or\n\nsafety of him or herself or others; and\n\n6. Whether the child is mentally ill or is a minor in need of\n\ntreatment as defined by the Inpatient Mental Health and Substance\n\nAbuse Treatment of Minors Act.\n\nC. If the evaluator concludes that the child's competency is\n\nimpaired, but that the child may be rendered competent by reasonable\n\naccommodations, the report shall include recommendations for\n\nreasonable accommodations which the court shall order to assist in\n\ncompensating for the competency impairments.\n\nD. If the evaluator concludes there is a substantial\n\nprobability that the child could attain competency within the\n\nperiods set forth in subparagraph a of paragraph 3 of subsection C\n\nof Section 7 of this act, the competency evaluation report shall\n\ninclude a recommendation as to the least restrictive setting for\n\nchild competency attainment services consistent with the child's\n\nability to attain competency and the safety of both the child and\n\nthe public.\n\nE. The competency evaluation report shall also include:\n\n1. The evaluation procedures used, including psychometric tests\n\nadministered, records reviewed, and identity of persons interviewed;\n\n2. Pertinent background information, including history of\n\neducational performance, psychiatric history, and family history;\n\n3. Results of mental status examination; and\n\n4. A description of any psychiatric symptoms or cognitive\n\ndeficiencies, including a diagnosis, if one has been made.\n\nF. The court shall provide a copy of each competency evaluation\n\nreport it receives to the district attorney and the child's\n\nattorney, and may provide a copy upon request to the child's\n\nparents, legal guardian, and guardian ad litem, if one was\n\nappointed.\n\nG. The expense of an evaluation ordered by the court may be\n\nrecovered from the child or the child's parents or legal guardians\n\nbased upon their ability to pay. Expenses associated with missed\n\nappointments may be recovered from the child's parents or legal\n\nguardians.","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":"29a115448e2f9046b1c5528d86f9877f03e6afd0888fec5a4eed95d174aef217","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.4","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.6"},"notice":"GroundRules: Original legal text. Not legal advice."}