Utah § 80-6-401 - Definitions -- Competency to proceed.
Full text of Utah Utah Code § 80-6-401 — Definitions -- Competency to proceed., with citation guidance and answers to common questions.
§ 80-6-401. Definitions -- Competency to proceed.
Effective 5/4/2022 80-6-401.
Definitions -- Competency to proceed.
(1)
As used in this part:
(a)
"Competency" or "competent to proceed" means that a minor has:
(i)
a present ability to consult with counsel with a reasonable degree of rational understanding; and
(ii)
a rational as well as factual understanding of the proceedings.
(b)
"Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges.
(c)
"Forensic evaluator" means the same as that term is defined in Section 77-15-2.
(d)
"Not competent to proceed" means an individual is not competent to stand for trial or adjudication for pending charges.
(2)
If a petition is filed under Section 80-6-305, or a criminal information is filed under Section 80-6-503, in the juvenile court , a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed.
(3)
The written motion shall contain:
(a)
a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:
(i)
a mental illness;
(ii)
an intellectual disability or a related condition; or
(iii)
developmental immaturity;
(b)
a recital of the facts, observations, and conversations with the minor that have formed the basis for the motion; and
(c)
if filed by defense counsel, the motion shall contain information that can be revealed without invading the lawyer-client privilege.
(4)
The motion may be:
(a)
based upon knowledge or information and belief; and
(b)
filed by:
(i)
the minor alleged not competent to proceed;
(ii)
any person acting on the minor's behalf;
(iii)
the prosecuting attorney;
(iv)
the attorney guardian ad litem; or
(v)
any person having custody or supervision over the minor.
(5)
(a)
The juvenile court may raise the issue of a minor's competency at any time.
(b)
If raised by the juvenile court, counsel for each party shall be permitted to address the issue of competency.
(c)
The juvenile court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.
Section 80-6-401 ("Definitions -- Competency to proceed.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 80-6-401?
A common citation format is "Utah Code § 80-6-401" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-6-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
