Juvenile competency
Helping youth understand the trial process
The process feels more fair when you understand it
Juvenile competency focuses on a youth’s ability to understand the trial process and consult with counsel in a rational and factual manner.
Youth experiencing significant emotional and/or behavioral challenges involved in juvenile court delinquency proceedings are identified and, through this process, evaluated for competency to stand trial of pending charges.
Court order
A competency evaluation is ordered by the court
Evaluation
The evaluation is performed within 45 days to assess whether the youth is competent and the likelihood that competency can be attained
Findings
Upon the submission of the evaluation, the court will set a date for a competency hearing to reveiw the findings. The court will make a determination.
Then
If the youth is found competent, the court will proceed with the judicial process.
Or
If the youth is found not competent without substantial probability of attaining competency, the court will dismiss charges without prejudice
Or
If the youth is found not competent, but with substantial probability to attain competency in 6 months, the court will initiate the attainment process.
Attainment
Juvenile competency focuses on a youth’s ability to understand the trial process and consult with counsel in a rational and factual manner. Youth experiencing significant emotional and/or behavioral challenges involved in juvenile court delinquency proceedings are identified and, through this process, evaluated for competency to stand trial of pending charges.
Develop plan
A juvenile attainment coordinator works with the youth and family to identify and connect the youth to services that may help them attain competency and educates the youth about the trial process.
Review progress
Every 90 days the Juvenile Court will review the youth's progress toward competency attainment.
At three months the Juvenile Court will again review the youth's progress. If the minor has not attained competency but is showing reasonable progress, the court may order an additional three months of attainment services.
At six months the Juvenile Court will review the youth's progress towards competency attainment.
Evaluate
If the youth is found competent, the court will proceed with the judicial process.
If the youth is found not competent without substantial probability of attaining competency, the court will dismiss charges without prejudice.
If the youth is found not competent and making substantial progress towards attainment of competency, the court may extend the attainment period to one year.
For more information on juvenile competency, email jvcompcor@utah.gov.
If you have questions regarding the Utah attainment curriculum for trial competence, please contact Jackie Keel at jackiekeel@utah.gov