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ROBERT L. EHRLICH, JR., Governor Ch. 580
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(I) THE MENTAL ILLNESS, MENTAL RETARDATION,
DEVELOPMENTAL IMMATURITY, OR OTHER DEVELOPMENTAL DISABILITY CAUSING
THE CHILD TO BE INCOMPETENT TO PROCEED;
(II) THE TREATMENT OR EDUCATION APPROPRIATE FOR THE
MENTAL ILLNESS, MENTAL RETARDATION, DEVELOPMENTAL IMMATURITY, OR
OTHER DEVELOPMENTAL DISABILITY OF THE CHILD, AND AN EXPLANATION OF
EACH OF THE POSSIBLE TREATMENT OR EDUCATION ALTERNATIVES, IN ORDER OF
RECOMMENDATION;
(III) THE LIKELIHOOD OF THE CHILD ATTAINING COMPETENCY TO
PROCEED UNDER THE TREATMENT OR EDUCATION RECOMMENDED, AN
ASSESSMENT OF THE PROBABLE DURATION OF THE TREATMENT REQUIRED TO
ATTAIN COMPETENCY, AND THE PROBABILITY THAT THE CHILD WILL ATTAIN
COMPETENCY TO PROCEED IN THE FORESEEABLE FUTURE; AND
(IV) WHETHER THE CHILD MEETS THE CRITERIA FOR
INVOLUNTARY ADMISSION UNDER TITLE 10, SUBTITLE 6, PART III OF THE HEALTH -
GENERAL ARTICLE.
(C) (1) ALL REPORTS REQUIRED UNDER THIS SECTION SHALL BE FILED
WITH THE COURT AND SERVED ON THE CHILD'S COUNSEL, THE STATE'S ATTORNEY,
AND THE DEPARTMENT OF JUVENILE SERVICES WITHIN 45 DAYS AFTER THE COURT
ORDERS THE EXAMINATION.
(2) ON GOOD CAUSE SHOWN, THE COURT MAY EXTEND THE TIME
PERIOD SPECIFIED IN PARAGRAPH (1) OF THIS SUBSECTION FOR AN ADDITIONAL 15
DAYS.
(3) FAILURE TO FILE A COMPLETE REPORT WITHIN THE TIME PERIODS
SPECIFIED IN THIS SUBSECTION MAY NOT BE, IN AND OF ITSELF, GROUNDS FOR
DISMISSAL OF THE PETITION ALLEGING DELINQUENCY.
(D) COUNSEL FOR THE CHILD MAY BE PRESENT AT AN EXAMINATION UNDER
THIS SECTION.
3-8A-17.4.
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
WITHIN 15 DAYS AFTER RECEIPT OF A REPORT OF A QUALIFIED EXPERT, THE COURT
SHALL HOLD A COMPETENCY HEARING.
(2) ON GOOD CAUSE SHOWN, THE COURT MAY EXTEND THE TIME FOR
HOLDING THE COMPETENCY HEARING FOR AN ADDITIONAL 15 DAYS.
(B) AT THE COMPETENCY HEARING, THE COURT SHALL DETERMINE, BY
EVIDENCE PRESENTED ON THE RECORD, WHETHER THE JUVENILE IS INCOMPETENT
TO PROCEED.
(C) FINDINGS OF FACT SHALL BE BASED ON THE EVALUATION OF THE CHILD
BY THE QUALIFIED EXPERT.
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