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Order Concerning Competency Or Mental Responsibility Determination JD-1733 - Wisconsin
|Order Concerning Competency Or Mental Responsibility Determination Form. This is a Wisconsin form and can be used in Juvenile Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Order Concerning Competency or Mental Responsibility Determination JD-1733 §§938.30(5), Wisconsin Statute JV 6 & 7 Court order entered following a determination of either incompetency or not responsible by reason of mental disease or defect Judge Original to court, copies to juvenile/attorney/guardian ad litem, parents/attorney, district attorney/corporation counsel, social services agency, custodial facility (if ordered) Generally none Modifications, previous update 10/96. Added a file/date stamp area to upper left corner. Added a statement on the bottom indicating that the form shall not be modified. This form covers three categories of situations in competency and mental responsibility. The first two concern possible actions on competency: · · Not competent Competent now but medications needed to continue competency Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: The third category concerns a determination that the juvenile is not responsible by reason of mental disease or defect. COMPETENCY: Not Competent: If a juvenile is determined to be not competent to proceed, the juvenile proceedings are suspended and either a JIPS or ch. 51 proceeding is commenced. Such juveniles may either be released from custody or held in custody. However, if held in custody the maximum period of the custody is twelve months or the Date: 11/19/99 Page 1 American LegalNet, Inc. www.FormsWorkflow.com maximum sentence that could be imposed on an adult for the most serious delinquent act with which the juvenile is charged. Quarterly court reports on the status of the juvenile are required to be filed with the court. Competent but medications needed: If a juvenile is determined to be competent at this time, but such competency is maintained only by the administration of medications, the court can order a continuation of the medications while the proceedings are pending. In order to continue the administration of psychotropic medications, the juvenile must have been receiving the medications prior to the court's determination. NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT: If a juvenile is found to be not responsible by reason of mental disease or defect, the court must dismiss the proceedings. The court must order the petitioner to file either: · a JIPS petition, or · a ch. 51 petition. Although the court is ordering a petition to be filed, RMC does not consider doing so as creating a mandatory recusal. The requirement to file a petition is statutory and not the exercise of judicial discretion. RMC included the order requirements in the form in order to provide guidance to the court and practitioners as to what is to happen next. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 11/19/99 Page 2 American LegalNet, Inc. www.FormsWorkflow.com For Official Use STATE OF WISCONSIN, CIRCUIT COURT, IN THE INTEREST OF COUNTY Order Concerning Competency or Mental Responsibility Determination Case No. Name Date of Birth THE COURT FINDS AND ORDERS: 1. Not Competent to Proceed: There is probable cause to believe that: · the juvenile has committed the offense(s) alleged in the petition; and · the juvenile is not competent to proceed at this time. The juvenile proceedings shall be suspended. A new petition shall be filed: alleging the juvenile is in need of protection or services under §938.13(14), Wisconsin Statutes. alleging the juvenile to be mentally ill under Chapter 51, Wisconsin Statutes. Pending the filing of a new petition, the juvenile shall be: released from custody. held in custody: If provided with the appropriate treatment, the juvenile is likely to become competent to proceed within the lesser of: · 12 months, or · the maximum sentence that may be imposed on an adult for the most serious delinquent act with which the juvenile is charged. The agency/department responsible for providing services to the juvenile shall obtain the necessary reexamination and report to the court on the juvenile's condition every 3 months and within 30 days before the expiration of the juvenile's commitment or dispositional order. 2. Competent Now/Medications Needed to Maintain Competency: The juvenile is competent now because of the medications being administered, but if the medications were discontinued, it is likely the juvenile would become incompetent. The juvenile shall continue to be administered medications so as to maintain competency for the duration of the proceedings. 3. Not Responsible by Reason of Mental Disease or Defect: The juvenile is not responsible for the acts alleged in the petition by reason of mental disease or defect. The petition is dismissed and a new petition shall be filed: alleging the juvenile is in need of protection or services under §938.13(14), Wisconsin Statutes. alleging the juvenile to be mentally ill under Chapter 51, Wisconsin Statutes. BY THE COURT: Distribution: 1. Original - Juvenile Court 2. Juvenile/Attorney/Guardian ad Litem 3. Parents/Attorney 4. District Attorney/Corporation Counsel 5. Agency 6. Facility (if in custody) 7. Other: JD-1733, 11/99 Order Concerning Competency or Mental Responsibility Determination Signature of Circuit Judge/Court Commissioner Name Printed or Typed Date §938.30(5), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material.