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General Parenting
competency evaluation
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<blockquote data-quote="mistmouse" data-source="post: 41984" data-attributes="member: 289"><p>My daughter has gone through a competency evaluation that while not court ordered, was at the request of the public defender on her case. It was explained to me that it was to determine whether or not due to her disabilities whether or not she was capable of standing trial and assisting in her own defense as well as able to sit in court at the defense table for the hours required to be in court. It was explained to me that by help in her own defense it meant whether she, without my help, would be able to tell her attorney whether what a witness was saying was accurate or not, and the manner in which she would be able to do that...i.e. not blurting out during their testimony, "that's a lie".</p><p></p><p>We are still awaiting the report and to know what is going to be the outcome, but the public defender believes we will have a competency hearing early this summer. I am hoping the report will be in soon and that there will be a meeting sometime this month with the evaluator, the public defender, and myself to discuss his findings. I am not 100% clear on what happens if she is found unable to assist in her own defense, but it was my understanding that because she is receiving more services than the court would provide that it will be an end to the current charges. Especially since the charges are battery charges a SpEd teacher has filed due to improper and unnecessary restraints when they have not been following her BIP.</p><p></p><p>Good luck!!</p><p>mistmouse</p></blockquote><p></p>
[QUOTE="mistmouse, post: 41984, member: 289"] My daughter has gone through a competency evaluation that while not court ordered, was at the request of the public defender on her case. It was explained to me that it was to determine whether or not due to her disabilities whether or not she was capable of standing trial and assisting in her own defense as well as able to sit in court at the defense table for the hours required to be in court. It was explained to me that by help in her own defense it meant whether she, without my help, would be able to tell her attorney whether what a witness was saying was accurate or not, and the manner in which she would be able to do that...i.e. not blurting out during their testimony, "that's a lie". We are still awaiting the report and to know what is going to be the outcome, but the public defender believes we will have a competency hearing early this summer. I am hoping the report will be in soon and that there will be a meeting sometime this month with the evaluator, the public defender, and myself to discuss his findings. I am not 100% clear on what happens if she is found unable to assist in her own defense, but it was my understanding that because she is receiving more services than the court would provide that it will be an end to the current charges. Especially since the charges are battery charges a SpEd teacher has filed due to improper and unnecessary restraints when they have not been following her BIP. Good luck!! mistmouse [/QUOTE]
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