COMPETENCY OF CHILDREN

HB 334 requires courts to obtain specific competency evaluations for children facing delinquency charges, detailing whether a child can understand proceedings and assist in their defense. If a child is deemed incompetent, the evaluation must also assess if they meet criteria for involuntary placement, with courts mandating community-based competency restoration for non-dangerous children. The bill adds a 90-day review hearing requirement after involuntary placement and specifies that competency evaluations must include a qualified professional's opinion on three key criteria: understanding proceedings, ability to consult with a lawyer, and capacity to assist in their defense. This applies to all children in New Mexico delinquency cases, directly affecting youth accused of crimes who may have developmental or intellectual disabilities.