Senate Bill 457 Summary

• Establishes procedures for determining whether children in Oklahoma delinquency proceedings are competent to understand charges and assist in their defense, addressing developmental disability, developmental immaturity, intellectual disability, or mental illness.

• Creates rebuttable presumption that children age 13 and older are competent unless proven otherwise, and allows courts to find incompetency without evaluation if district attorney, child's attorney, and at least one parent/guardian agree.

• Requires courts to order competency evaluations by credentialed forensic evaluators (licensed psychologists, psychiatrists, or physicians with specialized training) within specified timelines, with evaluators having access to relevant records and background information.

• Establishes two paths for incompetent children: (1) dismissal without prejudice if child cannot attain competency within 6-12 months depending on offense severity, with referral to child welfare or mental health services, or (2) stay of proceedings with ordered competency attainment services if child may likely regain competency.

• Requires providers to submit progress reports every 90 calendar days and upon completion of services, with courts able to modify placements or dismiss charges if child fails to progress or will not attain competency within applicable time periods; effective January 1, 2016.