Maine Revised Statutes Title 15 Sec. 3318-C – Competency orders
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1. Contents of competency order. Competency orders issued by the court may include only the following information.
A. The order must include a finding of whether the juvenile is competent to proceed based on whether the juvenile has a rational, as well as factual, understanding of the proceedings and a sufficient present ability to consult with legal counsel with a reasonable degree of rational understanding. [PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
B. If the court finds that the juvenile is competent to proceed, the order must specify the day on which the proceedings on the juvenile petition will resume. [PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
C. If the court finds that the juvenile is not competent but there is a substantial probability that the juvenile may be competent in the foreseeable future, the order must direct compliance with section 3318?B, subsection 1, paragraph A. [PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
D. If the court finds that the juvenile is not competent to proceed and there is no substantial probability that the juvenile will be competent in the foreseeable future, the order must set a date for a further hearing pursuant to section 3318?B, subsection 2. [PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
All findings of fact made by the court in association with the issuance of a competency order are confidential and may not be included in the order.
[PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3318-C
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person's own affairs. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile: means a person who had not attained 18 years of age at the time the person allegedly committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile crime: has the meaning set forth in section 3103. See Maine Revised Statutes Title 15 Sec. 3003
- Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Parent: means either a natural parent or the adoptive parent of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
2. Access to competency orders. Competency orders may be inspected by the following persons:
A. The victim of the juvenile crime or, if the victim is a minor, the victim’s parent or parents, guardian or legal custodian; [PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
B. If the victim cannot act on the victim’s own behalf due to death, age, physical or mental disease or disorder or intellectual disability or autism or other reason, an immediate family member, guardian, legal custodian or attorney representing the victim; and [PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
C. The public, but only if the juvenile proceeding to which the order relates is publicly accessible pursuant to section 3308?C, subsection 2. [PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
[PL 2021, c. 365, §23 (NEW); PL 2021, c. 365, §37 (AFF).]
SECTION HISTORY
PL 2021, c. 365, §23 (NEW). PL 2021, c. 365, §37 (AFF).