{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-401.6","heading":"Competency hearing","body":"A. Not more than fifteen (15) judicial days after receiving the\n\nevaluator's report, the court shall conduct a hearing to determine\n\nthe child's competency to participate in the proceeding. The court\n\nmay continue the hearing for good cause shown.\n\nB. The competency evaluation report shall be admissible in\n\nevidence. The evaluator may be called as a witness and be subject\n\nto cross examination by all parties. If authorized by the court,\n\nhearings held pursuant to this section may be conducted via\n\nteleconference or videoconference. If the court contacts the\n\nevaluator to obtain clarification of the report contents, the court\n\nshall promptly inform all parties and allow each party to\n\nparticipate in each contact.\n\nC. In determining the competency of the child to participate in\n\nthe proceeding the court shall consider the content of all\n\ncompetency evaluation reports admitted as evidence. The court may\n\nconsider additional evidence introduced at the hearing by the\n\ndistrict attorney and the child's attorney.\n\nD. 1. Except as otherwise provided, the court shall make a\n\nwritten determination as to the child's competency based on a\n\npreponderance of the evidence within ten (10) judicial days after\n\ncompletion of the hearing. The burden of proof shall be on the\n\nmoving party.\n\n2. The court shall not find a child incompetent to proceed\n\nsolely because the child is receiving or has received in-patient\n\ntreatment as a voluntary or involuntary mentally ill patient\n\npursuant to Section 5-501 et seq. of Title 43A of the Oklahoma\n\nStatutes, or is receiving or has received psychotropic or other\n\nmedication, even if the child might become incompetent to proceed\n\nwithout that medication.","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":"1a7d5ad9c701324b775a5837f5cbf12518f1bc9b58746b05bf48f736fb6f61f6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.5","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.7"},"notice":"GroundRules: Original legal text. Not legal advice."}