Indiana statute
Ind. Code § 31-37-26-5 — Hearing to determine competency
Current through 2026 Regular Session
Part of Chapter 26: Competency, Indiana Code.
Full text of Ind. Code § 31-37-26-5
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 5. As soon as practicable after receiving the written competency evaluation, the court shall determine whether the child is competent for adjudication or disposition. Upon a motion by any party, the court shall conduct a hearing to determine competency. The child has: (1) the right to notice; (2) the opportunity to participate personally at the hearing; (3) the right to present evidence; and (4) the right to be represented by counsel. If the child is indigent, the court shall appoint counsel for the child. The party alleging that the child is not competent has the burden of proving that the child is not competent by a preponderance of the evidence.
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