Indiana § 31-37-26-5 - Hearing to determine competency
Full text of Indiana Indiana Code § 31-37-26-5 — Hearing to determine competency, with citation guidance and answers to common questions.
§ 31-37-26-5. Hearing to determine competency
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.
As added by P.L.157-2021, SEC.3.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 31-37-26-5
What does Indiana Code § 31-37-26-5 cover?
Section 31-37-26-5 ("Hearing to determine competency") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 31-37-26-5?
A common citation format is "Indiana Code § 31-37-26-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 31-37-26-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.