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2005 LAWS OF MARYLAND
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Ch. 580
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(3) IN DETERMINING WHETHER THE CHILD IS INCOMPETENT TO
PROCEED, THE QUALIFIED EXPERT SHALL CONSIDER THE FOLLOWING FACTORS:
(I) THE CHILD'S AGE, MATURITY LEVEL, DEVELOPMENTAL STAGE,
AND DECISION-MAKING ABILITIES;
(II) THE CAPACITY OF THE CHILD TO:
1. APPRECIATE THE ALLEGATIONS AGAINST THE CHILD;
2. APPRECIATE THE RANGE AND NATURE OF ALLOWABLE
DISPOSITIONS THAT MAY BE IMPOSED IN THE PROCEEDINGS AGAINST THE CHILD;
3. UNDERSTAND THE ROLES OF THE PARTICIPANTS AND
THE ADVERSARY NATURE OF THE LEGAL PROCESS;
4. DISCLOSE TO COUNSEL FACTS PERTINENT TO THE
PROCEEDINGS AT ISSUE;
5. DISPLAY APPROPRIATE COURTROOM BEHAVIOR; AND
6. TESTIFY RELEVANTLY; AND
(III) ANY OTHER FACTORS THAT THE QUALIFIED EXPERT DEEMS TO
BE RELEVANT.
(4) THE WRITTEN REPORT SUBMITTED BY THE QUALIFIED EXPERT
SHALL:
(I) IDENTIFY THE SPECIFIC MATTERS REFERRED FOR
EVALUATION;
(II) DESCRIBE THE PROCEDURES, TECHNIQUES, AND TESTS USED
IN THE EXAMINATION AND THE PURPOSES OF EACH;
(III) STATE THE QUALIFIED EXPERT'S CLINICAL OBSERVATIONS,
FINDINGS, AND OPINIONS ON EACH FACTOR SPECIFIED IN PARAGRAPH (3) OF THIS
SUBSECTION, AND IDENTIFY THOSE FACTORS, IF ANY, ON WHICH THE QUALIFIED
EXPERT COULD NOT GIVE AN OPINION; AND
(IV) IDENTIFY THE SOURCES OF INFORMATION USED BY THE
QUALIFIED EXPERT AND PRESENT THE FACTUAL BASIS FOR THE QUALIFIED
EXPERT'S CLINICAL FINDINGS AND OPINIONS.
(B) (1) IF THE QUALIFIED EXPERT BELIEVES THAT THE CHILD IS
INCOMPETENT TO PROCEED, THE REPORT SHALL DESCRIBE THE TREATMENT THAT
THE QUALIFIED EXPERT BELIEVES IS NECESSARY FOR THE CHILE TO ATTAIN
COMPETENCY TO PROCEED, AND, IN A SEPARATE REPORT, SHALL STATE WHETHER
THE CHILD POSES A DANGER TO THE CHILD OR TO THE PERSON OR PROPERTY OF
OTHERS.
(2) IN DETERMINING THE TREATMENT THAT IS NECESSARY FOR THE
CHILD TO ATTAIN COMPETENCY TO PROCEED, THE QUALIFIED EXPERT SHALL
CONSIDER AND REPORT ON THE FOLLOWING:
- 3308 -
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