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A bill to be entitled

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An act relating to competency in juvenile proceedings;

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amending s. 985.19, F.S.; requiring an evaluation of

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mental competency to proceed for every child 10 years of

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age or younger who is the subject of a court hearing;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (1) of section 985.19, Florida

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Statutes, is amended to read:

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     985.19  Incompetency in juvenile delinquency cases.--

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     (1)  If, at any time prior to or during a delinquency case,

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the court has reason to believe that the child named in the

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petition may be incompetent to proceed with the hearing, the

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court on its own motion may, or on the motion of the child's

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attorney or state attorney must, stay all proceedings and order

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an evaluation of the child's mental condition. An evaluation

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shall be ordered for a child 10 years of age or younger.

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     (a) A Any motion questioning the child's competency to

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proceed and any subsequent motions, notice of hearing, order, or

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other legal proceedings relating to the motion must be served

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upon the child's attorney, the state attorney, the attorneys

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representing the department of Juvenile Justice, and the

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attorneys representing the Department of Children and Family

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Services. Thereafter, any motion, notice of hearing, order, or

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other legal pleading relating to the child's competency to

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proceed with the hearing must be served upon the child's

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attorney, the state attorney, the attorneys representing the

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department of Juvenile Justice, and the attorneys representing

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the Department of Children and Family Services.

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     (b) All determinations of competency must shall be made at

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a hearing, with findings of fact based on an evaluation of the

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child's mental condition made by at least not less than two but

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not nor more than three experts appointed by the court. The basis

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for the determination of incompetency must be specifically stated

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in the evaluation. In addition, a recommendation as to whether

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residential or nonresidential treatment or training is required

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must be included in the evaluation. Experts appointed by the

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court to determine the mental condition of a child shall be

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allowed reasonable fees for services rendered. State employees

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may be paid expenses pursuant to s. 112.061. The fees shall be

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taxed as costs in the case.

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     (c)  All court orders determining incompetency must include

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specific written findings by the court as to the nature of the

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incompetency and whether the child requires secure or nonsecure

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treatment or training environments.

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     (d)  For incompetency evaluations related to mental illness,

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the Department of Children and Family Services shall maintain and

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annually provide the courts with a list of available mental

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health professionals who have completed a training program

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approved by the Department of Children and Family Services to

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perform the evaluations.

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     (e)  For incompetency evaluations related to mental

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retardation or autism, the court shall order the Agency for

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Persons with Disabilities to examine the child to determine if

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the child meets the definition of "retardation" or "autism" as

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defined in s. 393.063 and, if so, whether the child is competent

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to proceed with delinquency proceedings.

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     (f)  A child is competent to proceed if the child has

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sufficient present ability to consult with counsel with a

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reasonable degree of rational understanding and the child has a

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rational and factual understanding of the present proceedings.

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The report must address the child's capacity to:

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     1.  Appreciate the charges or allegations against the child.

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     2.  Appreciate the range and nature of possible penalties

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that may be imposed in the proceedings against the child, if

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applicable.

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     3.  Understand the adversarial nature of the legal process.

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     4.  Disclose to counsel facts pertinent to the proceedings

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at issue.

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     5.  Display appropriate courtroom behavior.

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     6.  Testify relevantly.

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     (g)  Immediately upon the filing of the court order finding

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a child incompetent to proceed, the clerk of the court shall

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notify the Department of Children and Family Services and the

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Agency for Persons with Disabilities and fax or hand deliver to

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the department and to the agency a referral packet that includes,

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at a minimum, the court order, the charging documents, the

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petition, and the court-appointed evaluator's reports.

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     (h)  After placement of the child in the appropriate

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setting, the Department of Children and Family Services in

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consultation with the Agency for Persons with Disabilities, as

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appropriate, must, within 30 days after placement of the child,

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prepare and submit to the court a treatment or training plan for

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the child's restoration of competency. A copy of the plan must be

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served upon the child's attorney, the state attorney, and the

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attorneys representing the department of Juvenile Justice.

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     Section 2.  This act shall take effect July 1, 2008.