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Family Court Order following Blair Hearing on Juvenile's Competence to Stand Trial Finding Juvenile Not Competent, and Not Likely to Become Competent §44-23-430(2) due to Mental Retardation

STATE OF SOUTH CAROLINA COUNTY OF _______________________

Petitioner

IN THE INTEREST OF

A child under seventeen years of age

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IN THE FAMILY COURT

FINDING OF LACK OF COMPETENCE TO STAND TRIAL FOR THE FORESEEABLE FUTURE AND ORDERING COMMITMENT PROCEEDINGS

This matter is before me pursuant to S. C. Code Ann. §44-23-430 (Supp. 2006) for a hearing on the issue of the juvenile's competence to stand trial. The juvenile, ______________, is charged with _______________. Pursuant to a previous Court order, the juvenile's competence to stand trial has been evaluated. In a report dated ________________________, the examiners found that the juvenile is not currently competent to stand trial and is unlikely to become competent in the foreseeable future. The report was statutorily admitted into evidence pursuant to S.C. Code Ann. §4423-420(C) (Supp. 2006) and a copy of the report is attached hereto. Based upon the examiner's report, I find that the juvenile is currently incompetent to stand trial for the reasons set forth in S.C. Code Ann. §44-23-410 (Supp. 2006), and unlikely to become competent in the foreseeable future. IT IS FURTHER ORDERED, pursuant to S.C. Code Ann. §44-20-450(Supp. 2006), the Solicitor shall initiate judicial admission proceedings in the Family or Probate

SCCA 487D (1/08)

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Court pursuant to S.C. Code Ann. §44-20-450 (Supp. 2006), within fourteen (14) business days from the date of this Order. IT IS SO ORDERED.

________________________________ Presiding Family Court Judge _________ Judicial Circuit Date:____________________

SCCA 487D (1/08)

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