DE HB253

Establishes a procedure for evaluating whether children under 18 are competent to stand trial in Family Court proceedings, with competency determined by a mental disability expert (psychiatrist, psychologist, neurologist, or developmental pediatrician).

Allows any party or the Court to raise the competency issue by filing a written motion; upon approval, the delinquency proceeding is stayed and the child must be examined within 30 days if detained or 60 days if not detained.

Permits courts to find a child incompetent based on mental conditions, cognitive impairments (intellectual disability, autism, traumatic brain injury), or chronological immaturity that substantially affects the child's ability to understand proceedings or assist counsel.

Requires courts to order treatment and rehabilitation services for incompetent children who may be restored to competency, with case reviews scheduled every six months; children incompetent due to chronological immaturity cannot be detained at secure facilities unless required by other law.

Mandates dismissal of charges after specified periods if a child is found permanently incompetent: one year for misdemeanors, two years for non-violent felonies, three years for violent felonies, and automatically when the child reaches age 18.