Supreme Court of California

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In re R.V., S212346

Welfare and Institutions Code section 709, which establishes procedures for juvenile courts to follow so as to ensure that minors are not subject to adjudication while their competency is impaired, contains an implied presumption of competency and the minor bears the burden of proving otherwise by a preponderance of the evidence. A claim of insufficient evidence to support a juvenile court's determination in a competency proceeding is reviewed deferentially under the substantial evidence test.

Appellate Information

  • Decided 05/18/2015
  • Published 05/18/2015


  • Chin


  • Supreme Court of California