{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-401.7","heading":"Court responses to competency determination","body":"A. After a hearing pursuant to Section 2-2-401.6 of this title,\n\nif the court determines by a preponderance of the evidence that the\n\nchild is competent to proceed, the delinquency or youthful offender\n\nproceedings shall be resumed as provided by law.\n\nB. After a hearing pursuant to Section 2-2-401.6 of this title,\n\nif the court determines by the preponderance of the evidence that\n\nthe child is incompetent to proceed and cannot attain competency\n\nwithin the period of time application under subparagraph a of\n\nparagraph 3 of subsection C of this section, the court shall dismiss\n\nthe petition or information without prejudice, and take either of\n\nthe following actions:\n\n1. Refer the matter to the Oklahoma Department of Human\n\nServices and request a determination whether a deprived action\n\nshould be filed in accordance with the Oklahoma Children's Code\n\nalleging that the child is a neglected, abused or dependent child;\n\nor\n\n2. Refer the matter to the district attorney for consideration\n\nof initiating a Child in Need of Supervision or Minor in Need of\n\nMental Health and Substance Abuse Treatment proceeding in accordance\n\nwith the Oklahoma Juvenile Code or Inpatient Mental Health and\n\nSubstance Abuse Treatment of Minors Act.\n\nC. If the court determines by a preponderance of the evidence\n\nthat a child is incompetent to proceed but may likely attain\n\ncompetency, the court shall stay the proceedings and order the child\n\nto receive services designated to assist the child in attaining\n\ncompetency, based upon the recommendations in the competency\n\nevaluation report unless the court makes specific findings that the\n\nrecommended services are not justified. The court shall order the\n\nchild's parent or legal guardian to contact a court-designated\n\nprovider by a specified date to arrange for services.\n\n1. The competency attainment services provided to a child shall\n\nbe based on a court-approved competency attainment plan described in\n\nparagraph 2 of subsection D of this section, and are subject to the\n\nconditions and time periods required pursuant to this section\n\nmeasured from the date the court approves the plan.\n\n2. The court shall order that the competency attainment\n\nservices ordered are provided in the least-restrictive environment,\n\ntaking into account the public safety and the best interests of the\n\nchild. If the child has been released on temporary orders and\n\nrefuses or fails to cooperate with the service provider, the court\n\nmay modify the orders to require a more appropriate setting.\n\n3. No child shall be required to participate in competency\n\nattainment services for longer than is required to attain\n\ncompetency. The following maximum periods of participation shall\n\napply:\n\na. if the services are provided, the child shall not\n\nparticipate in those services for a period exceeding\n\nsix (6) months or upon the child's 18th birthday, or\n\nup to the child's 19th birthday if ordered by the\n\ncourt in order to complete the six (6) months of\n\ntreatment, if the child is charged with an act that\n\nwould be a misdemeanor if committed by an adult,\n\nb. if the services are provided, the child shall not\n\nparticipate for a period exceeding twelve (12) months\n\nor upon the child's 18th birthday, or up to the\n\nchild's 19th birthday if ordered by the court in order\n\nto complete the twelve (12) months of treatment, if\n\nthe child is charged as a delinquent or youthful\n\noffender for an act that would be a felony if\n\ncommitted by an adult.\n\nD. 1. Within ten (10) judicial days after the court orders the\n\nprovider responsible for the child's competency attainment services,\n\nthe court shall deliver to that provider:\n\na. the name and address of the child's counsel,\n\nb. a copy of the child's Petition or Information,\n\nc. a copy of the competency evaluation report,\n\nd. the name, address, and phone number of the child's\n\nparents or legal guardian,\nWithin ten (10) judicial days after the court orders the\n\nprovider responsible for the child's competency attainment services,\n\nthe court shall deliver to that provider:\n\na. the name and address of the child's counsel,\n\nb. a copy of the child's Petition or Information,\n\nc. a copy of the competency evaluation report,\n\nd. the name, address, and phone number of the child's\n\nparents or legal guardian,\n\ne. the name of the Office of Juvenile Affairs employee or\n\nJuvenile Bureau employee responsible for the intake,\n\nsupervision, or custody of the child, if adjudicated,\n\nf. the name of the Department of Human Services\n\ncaseworker, if any, and\n\ng. any other relevant documents or reports concerning the\n\nchild's health that have come to the attention of the\n\ncourt.\n\n2. Not later than ten (10) judicial days after the child\n\ncontacts the competency attainment provider, a plan for the child to\n\nattain competency shall be submitted to the court by the provider.\n\nThe court shall provide copies of the plan to the district attorney,\n\nthe child's attorney, the guardian ad litem, if any, the Office of\n\nJuvenile Affairs or Juvenile Bureau, and the child's parent or legal\n\nguardian.\n\nE. The provider shall submit reports to the court pursuant to\n\nthe following schedule:\n\n1. Every ninety (90) calendar days and upon completion or the\n\ntermination of services. Each report shall include the following:\n\na. the services provided to the child, including\n\nmedication, education and counseling,\n\nb. the likelihood that the competency of the child to\n\nproceed will be restored within the applicable period\n\nof time set forth in subparagraph a of paragraph 3 of\n\nsubsection C of this section, and\n\nc. the progress made towards the goals and objectives for\n\nthe restoration of competency identified in the\n\nrecommendations from the competency evaluation as\n\nadopted by the court;\n\n2. Three (3) judicial days after the provider's determination\n\nthat the child is not cooperating to a degree that would allow the\n\nservices to be effective to help the child attain competency;\n\n3. Three (3) judicial days after the provider's determination\n\nthat the current setting is no longer the least-restrictive setting\n\nthat is consistent with the child's ability to attain competency and\n\ntaking into account the public safety and the best interests of the\n\nchild. The provider shall include in the report an assessment of\n\nthe danger the child poses to himself, herself or others and an\n\nassessment of the appropriateness of the placement;\n\n4. Three (3) judicial days after the provider's determination\n\nthat the child has achieved the goals of the plan and would be able\n\nto understand the nature and objectives of the proceedings against\n\nthe child, to assist in the child's defense, and to understand and\n\nappreciate the consequences that may be imposed or result from the\n\nproceedings with or without reasonable accommodations. The report\n\nshall include recommendations for the accommodations that would be\n\nnecessary or advantageous; and\n\n5. Three (3) judicial days after the provider's determination\n\nthat the child will not achieve the goals of the plan within the\n\napplicable period of time pursuant to subparagraph a of paragraph 3\n\nof subsection C of this section. The report shall include\n\nrecommendations for services for the child and taking into account\n\nthe public safety and the best interests of the child.\n\nF. The court shall provide copies of any report made by the\n\nprovider to the district attorney, the child's attorney, the child's\n\nintake worker, and the child's guardian ad litem, if any. The court\n\nshall provide copies of any reports made by the provider to the\n\nchild's parents or legal guardians, unless the court finds that\n\ndoing so is not in the best interest of the child.\n\nG. Within fifteen (15) judicial days after receiving a\nany report made by the\n\nprovider to the district attorney, the child's attorney, the child's\n\nintake worker, and the child's guardian ad litem, if any. The court\n\nshall provide copies of any reports made by the provider to the\n\nchild's parents or legal guardians, unless the court finds that\n\ndoing so is not in the best interest of the child.\n\nG. Within fifteen (15) judicial days after receiving a\n\nprovider's report, the court may hold a hearing to determine if a\n\nnew order is necessary.\n\n1. If the court determines that the child is not making\n\nprogress toward competency or is so uncooperative that attainment\n\nservices cannot be effective, the court may order a change in\n\nsetting or services that would help the child attain competency\n\nwithin the relevant period of time as set forth in subparagraph a of\n\nparagraph 3 of subsection C of this section.\n\n2. If the court determines that the child has not or will not\n\nattain competency within the relevant period of time as set forth in\n\nsubparagraph a of paragraph 3 of subsection C of this section, the\n\ncourt shall dismiss the delinquency or youthful offender charge\n\nwithout prejudice.\n\n3. A dismissal under paragraph 2 of this subsection shall not\n\npreclude a future delinquent child or youthful offender proceeding\n\nas provided for under this title.\n\nH. After a hearing held pursuant to subsection G of this\n\nsection, if the court determines that the child has attained\n\ncompetency, the court shall proceed with the delinquency or youthful\n\noffender proceeding in accordance with the provisions of the\n\nJuvenile Code.\n\nI. A dismissal under this section does not bar a civil action\n\nbased on the acts or omissions that formed the basis of the petition\n\nor information.","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":"57581391695ee9e2c2cd3124de371b0c4283ea6ea3b9b7f6f30fc6009d6187e3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.6","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-402"},"notice":"GroundRules: Original legal text. Not legal advice."}