STATE v. C.S. (2024)

Writ granted. We vacate the juvenile court's ruling in part to the extent that it “kept open” three misdemeanor delinquency charges. After conducting a contradictory hearing in accordance with La.Ch.C. art. 836(A), the juvenile court determined that the juvenile was incompetent. Therefore, we remand and order the juvenile court to either dismiss the remainder of the petition in accordance with Article 876 or to adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII of the Louisiana Children's Code, in accordance with La.Ch.C. art. 837(C).

Assuming for the sake of argument that a court can segregate the charges in this way and confine a competency determination to one of the charges while leaving the question open in others—which is a situation that has not previously appeared in the jurisprudence and seems somewhat counterintuitive—a problem still arises here in that the Children's Code requires the competency determination to be made within a deadline. Assuming the juvenile is not in secure detention (which is unknown, but which assumption produces the longest deadline, i.e., 60 days), and assuming the maximum authorized extension was utilized (15 days), the competency determination would still have to be made within 75 days. Holding the issue of competency open until the September 17, 2024 hearing date is outside that deadline. The judge is holding the question open from April 30, 2024 to September 17, 2024, which is 140 days.

PER CURIAM:

Weimer, C.J., concurs and assigns reasons. Knoll, J., dissents. McCallum, J., dissents.