Rule 20.
Rule 20. Child
Incompetent to Proceed and Defense of Mental Illness or Cognitive Impairment
20.01 Proceeding when Child is Believed to be IncompetentSubdivision 1. Incompetency to Proceed Defined.A child is incompetent and shall not be permitted to enter a plea, be tried, or receive a disposition for any offense when the child lacks sufficient ability to:(A) consult with a reasonable degree of rational understanding with the child’s counsel; or(B) understand the proceedings or participate in the defense due to mental illness or cognitive impairment.Subd. 2.Counsel.Any child subject to competency proceedings shall be represented by counsel.Subd. 3.Proceedings.The prosecuting attorney, the child’s counsel or the court shall bring a motion to determine the competency of the child if there is reason to doubt the competency of the child during the pending proceedings.The motion shall set forth the facts constituting the basis for the motion but the child’s counsel shall not divulge communications in violation of the attorney-client privilege. The bringing of the motion by the child’s counsel does not waive the attorney-client privilege. Any such motion may be brought over the objection of the child. Upon such motion, the court shall suspend the proceedings and shall proceed as follows:(A) Felony or Gross Misdemeanor. If the offense is a felony or gross misdemeanor, the court shall determine whether there is sufficient probable cause to believe the child committed the offense charged before proceeding pursuant to this rule. If there is sufficient showing of probable cause, the court shall proceed according to this rule. If the court finds insufficient probable cause to believe the child committed the offense charged, the charging document against the child shall be dismissed.(B) Other Matters. If the offense is a misdemeanor, juvenile petty matter or juvenile traffic offense, the court having trial jurisdiction shall proceed according to this rule, or dismiss the case in the interests of justice.(C) Examination. If there is probable cause, the court shall proceed as follows. The Court shall suspend the proceedings and appoint at least one examiner as defined in the Minnesota Commitment Act, Minnesota Statutes, chapter 253B, to examine the child and report to the court on the child’s mental condition.The court may not order confinement for the examination if the child is otherwise entitled to release and if the examination can be done adequately on an outpatient basis. The court may require the completion of an outpatient examination as a condition of release.The court may order confinement for an inpatient examination for a specified period not to exceed sixty (60) days if the examination cannot be adequately done on an outpatient basis or if the child is not entitled to be released.The court shall permit examination of the child or observation of such examination by a qualified psychiatrist, clinical psychologist or qualified physician retained and requested by the child’s counsel or prosecuting attorney.The court shall further direct the mental-health professionals to notify promptly the prosecuting attorney, the child’s counsel, and the court if such mental-health professionals conclude, upon examination, that the child presents an imminent risk of serious danger to another person, is imminently suicidal, or otherwise needs emergency intervention.(D) Report of Examination. Within sixty (60) days from the order for examination, or earlier if directed by the court, the examiner shall file a written report with the court, and the court shall provide a copy to the prosecuting attorney and the child’s counsel. The report contents shall not be otherwise disclosed until the hearing on the child’s competency. The report shall include:(1) A diagnosis of the mental condition of the child;(2) If the child is mentally ill or cognitively impaired, an opinion as to:(a) whether the child can understand the proceedings and participate in the defense;
(b) whether the child presents an imminent risk of serious danger to another person, is imminently suicidal, or otherwise needs emergency intervention;
(c) whether the child requires any treatment to attain competency and if so, the appropriate treatment alternatives by order of choice, the extent to which the child can be treated as an outpatient and the reasons for rejecting such treatment if institutionalization is recommended; and(d) whether, with treatment, there is a substantial probability that the child will attain competency and if so, when the child is expected to attain competency and the availability of inpatient and outpatient treatment agencies or facilities in the local geographical area;(3) A statement of the factual basis upon which the diagnosis and opinion are based; and(4) If the examination could not be conducted because the child is unwilling to participate, a statement to that effect with an opinion, if possible, as to whether the child’s unwillingness was the result of mental illness or cognitive impairment.Subd. 4.Hearing and Determination of Competency.(A) Hearing and Notice. Upon receipt of the report and notice to the parties, the court shall hold a hearing within ten (10) days to review the report with the parties. If either party objects to the report’s conclusion regarding the child’s competency to proceed, the court shall hold a hearing within ten (10) days on the issue of the child’s competency to proceed.(B) Going Forward with Evidence. If the child’s counsel moved for the examination, the child’s counsel shall go forward first with evidence at the hearing. If the prosecuting attorney or the court on its own initiative, moved for the examination, the prosecuting attorney shall go forward with evidence unless the court otherwise directs.(C) Report and Evidence. The examination report and other evidence as to the child’s mental condition may be admitted at the hearing. The person who prepared the report or any individual designated by that person as a source of information for preparation of the report, other than the child or the child’s counsel, is considered the court’s witness and may be called and cross-examined as such by either party.(D) Child’s Counsel as Witness. The child’s counsel may testify as to personal observations of and conversations with the child to the extent that attorney-client privilege is not violated, and continue to represent the child. The prosecuting attorney may examine the child’s counsel testifying to such matter.The court may inquire of the child’s counsel concerning the attorney-client relationship and the child’s ability to communicate effectively with the child’s counsel. However, the court may not require the child’s counsel to divulge communications in violation of the attorney-client privilege. The prosecuting attorney may not cross-examine the child’s counsel responding to the court’s inquiry.(E) Decision and Sufficiency of Evidence. If the court determines that the child is competent by the greater weight of evidence, the court shall enter a written order finding competency. Otherwise, the court shall enter a written order finding incompetency. The court shall enter its written order within fifteen (15) days of the hearing.Subd. 5.Effect of Finding on Issue of Competency to Proceed.(A) Finding of Competency. If the court determines that the child is competent to proceed, the proceedings against the child shall resume.(B) Finding of Incompetency. If the offense is a misdemeanor, juvenile petty offense, or juvenile traffic offense, and the court determines that the child is incompetent to proceed, the matter shall be dismissed. If the offense is a gross misdemeanor, and the court determines that the child is incompetent to proceed, the court has the discretion to dismiss or suspend the proceedings against the child except as provided by Rule 20.01, subdivision 7. If the offense is a felony, and the court determines that the child is incompetent to proceed, the proceedings against the child shall be further suspended except as provided by Rule 20.01, subdivision 7.(1) If the court determines that the child is mentally ill or cognitively impaired so as to be incapable of understanding the proceedings or participation in the defense, the court shall order any existing civil commitment continued. If the child is not under commitment, the court may direct civil commitment proceedings be initiated, and the child confined in accordance with the provisions of the Minnesota Commitment Act, Minnesota Statutes, chapter 253B.(2) If it is determined that commitment proceedings are inappropriate and a petition has been filed alleging the child is in need of protection or services (CHIPS), the court shall order such jurisdiction be continued. If the child is not under CHIPS jurisdiction, the court may order the child held for up to seventy-two (72) hours and direct CHIPS proceedings to be initiated.(3) If it is determined that neither commitment proceedings nor CHIPS proceedings are appropriate, the child shall be released to the child’s parent(s), legal guardian or legal custodian under conditions deemed appropriate to the court.Subd. 6.Continuing Supervision by the Court.In felony and gross misdemeanor cases in which proceedings have been suspended, the person charged with the child’s supervision, such as the head of the institution to which the child is committed, shall report to the trial court on the child’s mental condition and competency to proceed at least every six (6) months unless otherwise ordered. The court shall provide a copy of the reports to the prosecuting attorney and to the child’s counsel.Unless the charging document against the child has been dismissed as provided by Rule 20.01, subdivision 7, the trial court, child’s counsel and the prosecuting attorney shall be notified of any proposed institutional transfer, partial institutionalization status, and any proposed termination, discharge, or provisional discharge of the juvenile protection case. The prosecuting attorney shall have the right to participate as a party in any proceedings concerning such proposed changes in the child’s commitment or status.Subd. 7.Dismissal of Proceedings.(A) Delinquency and extended jurisdiction juvenile proceedings shall be dismissed upon the earlier of the following:(1) the child’s nineteenth (19th) birthday in the case of a delinquency, or twenty-first (21st) birthday if a designation or motion for extended jurisdiction juvenile proceedings is pending;(2) for all cases except murder, the expiration of one (1) year from the date of the finding of the child’s incompetency to proceed unless the prosecuting attorney, before the expiration of the one (1) year period, files a written notice of intention to prosecute the child when the child has been restored to competency. Such a notice shall extend the suspension of proceeding for one (1) year from the date of filing subject to Rule 20.01, subdivision 7(A).(B) For all cases pending certification except murder, proceedings shall be dismissed upon the expiration of three (3) years from the date of the finding of the child’s incompetency unless the prosecuting attorney, before the expiration of the three (3) year period, files a written notice of intention to prosecute the child when the child has been restored to competency. Murder charges shall not be dismissed based upon a finding of incompetency.Subd. 8.Determination of Legal Issues Not Requiring Child’s Participation. The fact that the child is incompetent to proceed shall not preclude the child’s counsel from making any legal objection or defense that can be fairly determined without the personal participation of such child.Subd. 9.Admissibility of Child’s Statements.When a child is examined under this rule, any statement made by the child for the purpose of the examination and any evidence derived from the examination shall be admissible in evidence only at the proceedings to determine whether the child is competent to proceed.(Amended December 12, 1997, for all juvenile actions commenced or arrests made on or after 12:00 o’clock midnight January 1, 1998; amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective for all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2005; amended effective for all delinquency actions commenced or children taken into custody after 12 o’clock midnight January 1, 2008; amended effective for all delinquency actions commenced or children taken into custody after 12 o’clock midnight January 1, 2011; amended effective July 1, 2015; amended effective September 1, 2018.)
20.02 Defense of Mental Illness or Cognitive Impairment at the Time of the OffenseSubdivision 1. When Raised.(A) If the child intends to raise mental illness or cognitive impairment as a defense, the child’s counsel shall advise the court and prosecuting attorney in writing before the omnibus hearing or no less than ten (10) days before the trial, whichever is earlier. The notice shall provide the court and prosecuting attorney with a statement of particulars showing the nature of the mental illness or cognitive impairment expected to be proved and the names and addresses of witnesses expected to prove it.(B) The court, upon good cause shown and in its discretion, may waive these requirements and permit the introduction of the defense, or may continue the hearing for the purpose of an examination in accordance with the procedures in this rule.(C) A continuance granted for an examination will toll the speedy trial rule and the limitation on detention pending adjudication and disposition.Subd. 2.Examination of the Child.If the defense of mental illness or cognitive impairment is raised, the court shall order an examination as described in Rule 20.01, subdivision 3(C). The court may order that the examination for competency under Rules 20.01 and 20.02 be conducted simultaneously.Subd. 3.Refusal of the Child to be Examined.If the child does not participate in the examination so that the examiner is unable to make an adequate report to the court, the court may:(A) prohibit the child from introducing evidence of the child’s mental illness or cognitive impairment;(B) strike any such evidence previously introduced;(C) permit any other party to comment on and to introduce evidence of the child’s refusal to cooperate to the trier of the facts; and(D) make any such other ruling as it deems just.Subd. 4.Disclosure of Reports and Records of Child’s Mental Illness or Cognitive Impairment Examinations.(A) Order for Disclosure. If a child raises the defense of mental illness or cognitive impairment, the trial court, on motion of the prosecuting attorney and notice to the child’s counsel may order the child to furnish either to the court or to the prosecuting attorney copies of all medical reports and hospital and medical records previously or thereafter made concerning the mental illness or cognitive impairment of the child and relevant to the issue of the defense of mental illness or cognitive impairment. If the copies of the reports and records are furnished to the court for in camera review, the court shall inspect them to determine their relevancy. If the court determines they are relevant, they shall be delivered to the prosecuting attorney. Otherwise, they shall be returned to the child. If the child is unable to comply with the court order, a subpoena duces tecum may be issued.(B) Use of Reports and Records. If an order for disclosure of reports and records under this subdivision is entered and copies are furnished to the prosecuting attorney, the reports and records and any evidence obtained from them may be admitted in evidence only upon the issue of the defense of mental illness or cognitive impairment.Subd. 5.Report of Examination.At the conclusion of the examination, a written report of the examination shall be filed with the court, and the court shall provide a copy to the prosecuting attorney and to the child’s counsel. The report shall not be disclosed to the public except by court order. The report of the examination shall contain:(A) A diagnosis of the child’s mental illness or cognitive impairment as requested by the court;(B) If so directed by the court, an opinion as to whether, because of mental illness or cognitive impairment, the child at the time of the commission of the offense charged was laboring under such a defect of reason as not to know the nature of the act constituting the offense with which child is charged or that it was wrong;(C) Any opinion requested by the court that is based on the examiner’s diagnosis;(D) A statement of the factual basis upon which the diagnosis and any opinion are based; and(E) If the examination cannot be conducted by reason of the child’s unwillingness to participate, the report shall so state and shall include, if possible, an opinion as to whether the unwillingness of the child was the result of mental illness or cognitive impairment.Subd. 6.Admissibility of Evidence at Trial.No evidence derived from the examination shall be received against the child unless the child has previously made his or her mental illness or cognitive impairment an issue in the case. If the child’s mental illness or cognitive impairment is an issue, any party may call the person who examined the child at the direction of the court to testify as a witness at the trial. The report or portions thereof may be received in evidence to impeach the testimony of the person making it.Subd. 7.Trial.When a child is examined under Rule 20.01 or 20.02, the admissibility at trial of any statements made by the child for the purposes of the examination and any evidence obtained as a result of such statements shall be determined by the following rules:(A) Notice by Child of Sole Defense of Mental Illness or Cognitive Impairment. If a child notifies the court and prosecuting attorney under Rule 20.02, subdivision 1 of an intention to rely solely on the defense of mental illness or cognitive impairment, any statements made by the child for the purpose of the mental examination and evidence obtained as a result of the statements shall be admissible at the trial upon that issue.(B) Separate Trial of Defenses. If a child notifies the court and prosecuting attorney under Rule 20.02, subdivision 1 of an intention to rely on the defense of mental illness or cognitive impairment together with a defense of not guilty, there shall be a separation of the two defenses with a sequential order of proof before the court in a continuous trial in which the defense of not guilty shall be heard and determined first, and then the defense of the child’s mental illness or cognitive impairment.(C) Effect of Separate Trial. If the child relies on the two defenses, the statements made by the child for the purpose of the mental examination and any evidence obtained as a result of such statements shall be admissible against the child only at that stage of the trial relating to the defense of mental illness or cognitive impairment.(D) Procedure Upon Separated Trial of Defenses.(1) Court Trial for Child Alleged to be Delinquent or Charged with a Juvenile Petty or Juvenile Traffic Offense. Upon the trial of the defense of not guilty the court shall determine whether the elements of the offense charged have been proved beyond a reasonable doubt. If the court determines that the elements of the offense have not been proved beyond a reasonable doubt, the court shall enter findings and order a dismissal pursuant to Rule 13.09. If the court determines that the elements of the offense have been proved beyond a reasonable doubt and the child is relying on the sole defense of mental illness or cognitive impairment, the defense of mental illness or cognitive impairment shall then be tried and determined by the court. The child shall have the burden of proving the defense of mental illness or cognitive impairment by a preponderance of the evidence. Based upon that determination the court shall make a finding of:(a) not guilty by reason of mental illness; or(b) not guilty by reason of cognitive impairment; or(c) guilty.The court shall enter findings pursuant to Rule 13.09.(2) Extended Jurisdiction Juvenile Proceedings. A court trial in an extended jurisdiction juvenile proceeding shall be conducted pursuant to Rule 20.02, subdivision 7(D)(1). A jury trial in an extended jurisdiction juvenile proceeding shall be conducted pursuant to Minnesota Rules of Criminal Procedure 20.02, subdivision 7.Subd. 8.Procedure After Hearing.(A) Mental Illness or Cognitive Impairment Not Proven. After a finding of guilty and the defense of mental illness or cognitive impairment not proven, the court shall schedule and conduct a disposition hearing. The issues of the child’s mental illness or cognitive impairment shall be considered by the court at disposition.(B) Mental Illness or Cognitive Impairment Proven. When a child is found not guilty by reason of mental illness or cognitive impairment,(1) the court shall order any existing civil commitment continued. If the child is not under commitment, the court may order the child held at a shelter or treatment facility for up to seventy-two (72) hours and shall direct civil commitment proceedings be initiated;(2) if it is determined that the child does not meet the criteria for civil commitment jurisdiction and the child is under CHIPS jurisdiction, the court shall order such jurisdiction be continued. If the child is not under CHIPS jurisdiction, the court may order the child held for up to seventy-two (72) hours in an appropriate facility and shall direct CHIPS proceedings be initiated.
(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective for all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2005; amended effective July 1, 2015; amended effective September 1, 2018.)
20.03 Simultaneous ExaminationsThe court may order a civil commitment examination under Minnesota Statutes, chapter 253B, or successor statute, a competency examination under Rule 20.01, and an examination under Rule 20.02 to all be conducted simultaneously.
*(Added effective July 1, 2015.)*Comment – Rule 20Minn. R. Juv. Del. P. 20 is based upon Minn. R. Crim. P. 20.Under Minn. R. Juv. Del. P. 20.01 subd 3(C), the court shall permit examination of the child or observation of such examination by a qualified medical personnel retained and requested by the child’s counsel or prosecuting attorney. The court has the authority to order payment of reasonable and necessary costs of evaluation of the child at public expense pursuant to Minnesota Statutes 2002, section 260B.331, subdivision 1. Furthermore, under Minnesota Statutes 2002, section 260.042, the court shall make an orientation and educational program available for juveniles and their families in accordance with the program established, if any, by the Minnesota Supreme Court.“A determination of competency, even in the context of juvenile adjudicatory proceedings, is a fundamental right. Because of this and because dispositions in juvenile proceedings, including rehabilitative dispositions, may involve both punishment and a substantial loss of liberty, the level of competence required to permit a child’s participation in juvenile court proceedings can be no less than the competence demanded for trial or sentencing of an adult.” In re Welfare of D.D.N., 582 N.W.2d 278, 281 (Minn. Ct. App. 1998) (citation omitted). The court has a continuing obligation to inquire into a juvenile’s competency to stand trial when substantial information exists, or the child’s observed demeanor raises doubts as to competency. In re Welfare of S.W.T., 277 N.W.2d 507, 512 (Minn. 1979). C.f. Drope v. Missouri, 420 U.S. 162, 179 (1975); Pate v. Robinson, 383 U.S. 375, 385 (1966); State v. Jensen, 278 Minn. 212, 215, 153 N.W.2d 339 (Minn. 1967).A juvenile delinquency proceeding is not a criminal proceeding. See Minnesota Statutes 2002, section 260B.225, (stating a violation of a state or local law or ordinance by a child before becoming 18 is not a crime). Although the right to counsel has been recognized for juveniles in In re Gault, 387 U.S. 1, 41 (1967), the corollary right to self-representation has not been established in the juvenile context. The Committee recognized that children subject to competency proceedings may be vulnerable; therefore, it would not be appropriate to allow a child to waive counsel prior to a court determining that the child is competent.