38-2349.Same; commitment of incompetent.(a) A juvenile who is found to be incompetent pursuant toK.S.A. 2009 Supp.38-2348, andamendments thereto, shall be committed for evaluation and treatment to anyappropriate public orprivate institution for a period not to exceed 90 days. Within 90 days of thejuvenile's commitmentto the institution, the chief medical officer of the institution shall certifyto the court whether thejuvenile has a substantial probability of attaining competency for hearing inthe foreseeable future.
(b) If the chief medical officer of the institution certifies that aprobability of attainingcompetency does exist, the court shall order the juvenile to remain in anappropriate public or privateinstitution until the juvenile attains competency or for a period of six monthsfrom the date of theoriginal commitment, whichever occurs first. If the juvenile does not attaincompetency within sixmonths from the date of the original commitment, the court shall order thecounty or district attorneyto commence proceedings pursuant to article 29 of chapter 59 of the KansasStatutes Annotated, andamendments thereto. If the juvenile appears to have attained competency, theinstitution shallpromptly notify the court in which the case is pending. Upon notice the courtshall hold a hearingto determine competency pursuant to subsection (e) ofK.S.A. 2009 Supp.38-2348, and amendments thereto.
(c) If the chief medical officer of the institution certifies that aprobability of attaining competencydoes not exist, the court shall order the county or district attorney tocommence proceedings pursuantto article 29 of chapter 59 of the Kansas Statutes Annotated, and amendmentsthereto.
38-2349.Same; commitment of incompetent.(a) A juvenile who is found to be incompetent pursuant toK.S.A. 2009 Supp.38-2348, andamendments thereto, shall be committed for evaluation and treatment to anyappropriate public orprivate institution for a period not to exceed 90 days. Within 90 days of thejuvenile's commitmentto the institution, the chief medical officer of the institution shall certifyto the court whether thejuvenile has a substantial probability of attaining competency for hearing inthe foreseeable future.
(b) If the chief medical officer of the institution certifies that aprobability of attainingcompetency does exist, the court shall order the juvenile to remain in anappropriate public or privateinstitution until the juvenile attains competency or for a period of six monthsfrom the date of theoriginal commitment, whichever occurs first. If the juvenile does not attaincompetency within sixmonths from the date of the original commitment, the court shall order thecounty or district attorneyto commence proceedings pursuant to article 29 of chapter 59 of the KansasStatutes Annotated, andamendments thereto. If the juvenile appears to have attained competency, theinstitution shallpromptly notify the court in which the case is pending. Upon notice the courtshall hold a hearingto determine competency pursuant to subsection (e) ofK.S.A. 2009 Supp.38-2348, and amendments thereto.
(c) If the chief medical officer of the institution certifies that aprobability of attaining competencydoes not exist, the court shall order the county or district attorney tocommence proceedings pursuantto article 29 of chapter 59 of the Kansas Statutes Annotated, and amendmentsthereto.
38-2349.Same; commitment of incompetent.(a) A juvenile who is found to be incompetent pursuant toK.S.A. 2009 Supp.38-2348, andamendments thereto, shall be committed for evaluation and treatment to anyappropriate public orprivate institution for a period not to exceed 90 days. Within 90 days of thejuvenile's commitmentto the institution, the chief medical officer of the institution shall certifyto the court whether thejuvenile has a substantial probability of attaining competency for hearing inthe foreseeable future.
(b) If the chief medical officer of the institution certifies that aprobability of attainingcompetency does exist, the court shall order the juvenile to remain in anappropriate public or privateinstitution until the juvenile attains competency or for a period of six monthsfrom the date of theoriginal commitment, whichever occurs first. If the juvenile does not attaincompetency within sixmonths from the date of the original commitment, the court shall order thecounty or district attorneyto commence proceedings pursuant to article 29 of chapter 59 of the KansasStatutes Annotated, andamendments thereto. If the juvenile appears to have attained competency, theinstitution shallpromptly notify the court in which the case is pending. Upon notice the courtshall hold a hearingto determine competency pursuant to subsection (e) ofK.S.A. 2009 Supp.38-2348, and amendments thereto.
(c) If the chief medical officer of the institution certifies that aprobability of attaining competencydoes not exist, the court shall order the county or district attorney tocommence proceedings pursuantto article 29 of chapter 59 of the Kansas Statutes Annotated, and amendmentsthereto.
