Florida Senate - 2009                                    SB 1508
       
       
       
       By Senator Lawson
       
       
       
       
       6-00363-09                                            20091508__
    1                        A bill to be entitled                      
    2         An act relating to competency in juvenile proceedings;
    3         amending s. 985.19, F.S.; requiring an evaluation of
    4         mental competency to proceed for every child 10 years
    5         of age or younger who is the subject of a court
    6         hearing; providing an effective date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Subsection (1) of section 985.19, Florida
   11  Statutes, is amended to read:
   12         985.19 Incompetency in juvenile delinquency cases.—
   13         (1) If, at any time prior to or during a delinquency case,
   14  the court has reason to believe that the child named in the
   15  petition may be incompetent to proceed with the hearing, the
   16  court on its own motion may, or on the motion of the child's
   17  attorney or state attorney must, stay all proceedings and order
   18  an evaluation of the child's mental condition. An evaluation
   19  shall be ordered for a child 10 years of age or younger.
   20         (a) A Any motion questioning the child's competency to
   21  proceed and any subsequent motions, notice of hearing, order, or
   22  other legal proceedings relating to the motion must be served
   23  upon the child's attorney, the state attorney, the attorneys
   24  representing the department of Juvenile Justice, and the
   25  attorneys representing the Department of Children and Family
   26  Services. Thereafter, any motion, notice of hearing, order, or
   27  other legal pleading relating to the child's competency to
   28  proceed with the hearing must be served upon the child's
   29  attorney, the state attorney, the attorneys representing the
   30  department of Juvenile Justice, and the attorneys representing
   31  the Department of Children and Family Services.
   32         (b) All determinations of competency must shall be made at
   33  a hearing, with findings of fact based on an evaluation of the
   34  child's mental condition made by at least not less than two but
   35  not nor more than three experts appointed by the court. The
   36  basis for the determination of incompetency must be specifically
   37  stated in the evaluation. In addition, a recommendation as to
   38  whether residential or nonresidential treatment or training is
   39  required must be included in the evaluation. Experts appointed
   40  by the court to determine the mental condition of a child shall
   41  be allowed reasonable fees for services rendered. State
   42  employees may be paid expenses pursuant to s. 112.061. The fees
   43  shall be taxed as costs in the case.
   44         (c) All court orders determining incompetency must include
   45  specific written findings by the court as to the nature of the
   46  incompetency and whether the child requires secure or nonsecure
   47  treatment or training environments.
   48         (d) For incompetency evaluations related to mental illness,
   49  the Department of Children and Family Services shall maintain
   50  and annually provide the courts with a list of available mental
   51  health professionals who have completed a training program
   52  approved by the Department of Children and Family Services to
   53  perform the evaluations.
   54         (e) For incompetency evaluations related to mental
   55  retardation or autism, the court shall order the Agency for
   56  Persons with Disabilities to examine the child to determine if
   57  the child meets the definition of “retardation” or “autism” as
   58  defined in s. 393.063 and, if so, whether the child is competent
   59  to proceed with delinquency proceedings.
   60         (f) A child is competent to proceed if the child has
   61  sufficient present ability to consult with counsel with a
   62  reasonable degree of rational understanding and the child has a
   63  rational and factual understanding of the present proceedings.
   64  The report must address the child's capacity to:
   65         1. Appreciate the charges or allegations against the child.
   66         2. Appreciate the range and nature of possible penalties
   67  that may be imposed in the proceedings against the child, if
   68  applicable.
   69         3. Understand the adversarial nature of the legal process.
   70         4. Disclose to counsel facts pertinent to the proceedings
   71  at issue.
   72         5. Display appropriate courtroom behavior.
   73         6. Testify relevantly.
   74         (g) Immediately upon the filing of the court order finding
   75  a child incompetent to proceed, the clerk of the court shall
   76  notify the Department of Children and Family Services and the
   77  Agency for Persons with Disabilities and fax or hand deliver to
   78  the department and to the agency a referral packet that
   79  includes, at a minimum, the court order, the charging documents,
   80  the petition, and the court-appointed evaluator's reports.
   81         (h) After placement of the child in the appropriate
   82  setting, the Department of Children and Family Services in
   83  consultation with the Agency for Persons with Disabilities, as
   84  appropriate, must, within 30 days after placement of the child,
   85  prepare and submit to the court a treatment or training plan for
   86  the child's restoration of competency. A copy of the plan must
   87  be served upon the child's attorney, the state attorney, and the
   88  attorneys representing the department of Juvenile Justice.
   89         Section 2. This act shall take effect July 1, 2009.