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<section article="gcj" article_name="Courts and Judicial Proceedings" number="3-8A-17.1" title_number="3" title_name="Courts of General Jurisdiction -- Jurisdiction/special Causes of Action" subtitle_number="8A" subtitle_name="Juvenile Causes -- Children Other Than Cinas and Adults">
  <level label="a">
    <level label="1">
      <text>At any time after a petition alleging that a child has committed a delinquent act is filed with the court under this subtitle, the court on its own motion, or on motion of the child’s counsel or the State’s Attorney, shall stay all proceedings and order that the Maryland Department of Health or any other qualified expert conduct an evaluation of the child’s competency to proceed if the court finds that:</text>
      <level label="i">
        <text>There is probable cause to believe that the child has committed the delinquent act; and</text>
      </level>
      <level label="ii">
        <text>There is reason to believe that the child may be incompetent to proceed with a waiver hearing under § 3–8A–06 of this subtitle, an adjudicatory hearing under § 3–8A–18 of this subtitle, a disposition hearing under § 3–8A–19 of this subtitle, or a violation of probation hearing.</text>
      </level>
    </level>
    <level label="2">
      <text>An evaluation ordered under paragraph (1) of this subsection shall be performed by a qualified expert.</text>
    </level>
    <level label="3">
      <text>This subsection may not be construed to prohibit the State or the child from calling other expert witnesses to testify at a competency hearing.</text>
    </level>
  </level>
  <level label="b">
    <text>Any motion questioning the child’s competency to proceed, and any subsequent legal pleading relating to the child’s competency to proceed, shall be served on the child’s counsel, the State’s Attorney, the Department of Juvenile Services, and the Maryland Department of Health.</text>
  </level>
</section>
