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Name: K.R. v. Superior Court (2023) 89 Cal.App.5th 1193
Case #: B321655
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 03/30/2023

The juvenile court was not required to dismiss minor's delinquency case under Welfare and Institutions Code section 709 even though the court did not make a final ruling on his competency before the one-year deadline for remediation services. While murder and other allegations were pending, the juvenile court found K.R. was incompetent to stand trial and referred him to remediation services. There were delays to the process, including a three-month delay to the start of remediation services due to the COVID-19 pandemic, litigation over the issue of whether the People could retain their own psychologist to examine K.R., and the…

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Name: J.J. v. Superior Court
Case #: A162060
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 06/07/2021

After finding minor had not attained competency by the end of the 12-month remediation period, juvenile court was obligated to dismiss delinquency petition and release minor based on the record in this case. A juvenile delinquency petition alleged J.J. committed offenses listed in Welfare and Institutions Code section 707, subdivision (b). The juvenile court declared him incompetent, suspended the delinquency proceedings, and ordered remediation services. At the six-month competency hearing, the court found that J.J. remained incompetent. The court extended the remediation period for six months based on a further finding that J.J. could likely be remediated within that time.…

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Name: In re Albert C.
Case #: S231315
Court: CA Supreme Court
District CalSup
Opinion Date: 07/10/2017

County juvenile court protocol limiting detention of incompetent minors to 120 days, which was not adopted pursuant to any mechanism vesting it with legal authority, does not presumptively or otherwise define due process. The district attorney filed two petitions to have Albert C. declared a ward of the juvenile court. He was found incompetent and the juvenile court suspended proceedings. While proceedings were suspended Albert was held in juvenile hall for approximately 13 months, despite a Los Angeles County juvenile court protocol limiting the detention of incompetent minors to 120 days. The court later found Albert was malingering and reinstated…

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Name: In re Albert C.
Case #: B256480
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/10/2015
Subsequent History: Review granted 2/24/2016: S231315

Juvenile court did not err in rejecting expert's opinion that minor was incompetent to stand trial. After two juvenile delinquency petitions were filed against him, Albert was found incompetent. He was 14 years old and had an average IQ, but he suffered from ADHD. The first psychiatrist to assess his competency concluded that Albert lacked competency to stand trial presently, but could attain competency within 12 months with mental health services and repetitive education of competency-related concepts. Over the next eight months Albert received "competency training" but continued to fail competency tests. A different expert concluded that Albert was still…

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Name: In re R.V.
Case #: S212346
Court: CA Supreme Court
District CalSup
Opinion Date: 05/18/2015

Under Welfare and Institutions Code section 709, a minor is presumed competent to undergo wardship proceedings; the burden of proof of incompetence is on the party asserting it. The minor was arrested for creating a disturbance and threatening his family with a knife. Family members told police that the minor had a history of psychological problems. A Welfare and Institutions Code section 602 petition was filed alleging the minor brandished a weapon and committed vandalism. Three weeks later defense counsel expressed a doubt regarding the minor's competence and a doctor was appointed to evaluate the minor (Welf. & Inst. Code,…

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Name: Bryan E. v. Superior Court
Case #: B256172
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/27/2014

Juvenile court erred when it found 13-year-old minor competent to stand trial without considering his ability to consult with counsel and help prepare a defense. A Welfare and Institutions Code section 602 petition was filed in juvenile court alleging that the 13-year-old minor committed assault with a deadly weapon and assault by means likely to produce great bodily injury. A psychologist who assessed the minor's competency noted that he had a mental disorder and lacked the ability to consult with his counsel and assist in preparing his defense. He lacked an understanding of the charges against him, and was not…

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Name: In re John Z.
Case #: A138728
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 02/10/2014

Juvenile court lacked jurisdiction to allow defense counsel to withdraw declaration of doubt as to minor's competency. The 15-year-old minor was charged with attempted first degree burglary. He was found eligible for deferred entry of judgment but when the juvenile court tried to enter a plea, the minor did not appear to understand the proceedings. His trial attorney declared a doubt as to his competency and the court suspended proceedings (Welf. & Inst. Code, § 709). The doctor appointed to evaluate the minor found him incompetent. The court found the doctor's report lacking in sufficient detail to be helpful and…

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Name: In re Jesus G.
Case #: B245823
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 07/24/2013

Under a Protocol implementing Welfare and Institutions Code section 709, a minor detained in juvenile hall pending attainment of competency must be provided with adequate services. Section 709 addresses competency proceedings in the juvenile court setting. Los Angeles County issued a Protocol that establishes time limitations for implementing the provisions of the statute and requires the court to order services for a minor who is detained and has a substantial probability of attaining competency. The minor here was found incompetent to stand trial in his juvenile case. Several of the deadlines established by the Protocol were missed and…

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Name: In re Matthew N.
Case #: C070892
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/16/2013

Minor found incompetent based on unusual immaturity and inability to understand legal concepts during dispositional proceedings was entitled to withdraw his earlier admission. The prosecution filed a Welfare and Institutions Code 602 petition alleging that the 14-year-old minor had committed a violation of Penal Code section 288, subdivision (a) (lewd and lascivious acts on a person under the age or 14 years). Minor admitted the petition and the case was transferred to the county of the mother's residence for disposition, where he was found incompetent due to developmental delay and lack of maturity. Counsel brought a motion to withdraw…

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Name: In re R.V.
Case #: G046961
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/19/2013
Subsequent History: 9/25/13 revw granted (S212346)

Minor who failed to sustain burden of proving incompetence was competent to stand trial. During the minor's Welfare and Institutions Code section 602 hearing on a petition that alleged he brandished a weapon and vandalized property, his counsel questioned minor's competence to stand trial. The court suspended the proceedings and appointed an evaluator pursuant to Welfare and Institutions Code section 709. The evaluator opined that minor was incompetent to stand trial, was confused about what was occurring, and lacked the capacity to cooperate with counsel in a meaningful way. The juvenile court did not accept the evaluator's…

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