JD-1733, 02/17 Order Concerning Competency or Mental Responsibility Determination 247938.30(5), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE INTEREST OF Name Date of Birth Order Concerning Competency or Mental Responsibility Determination Case No. THE COURT FINDS AND ORDERS: 1. Competent to Proceed: The juvenile has the present mental capacity to understand the proceedings and assist in his or her defense. 2. Not Competent to Proceed: There is probable cause to believe that the juvenile has committed the offense(s) alleged in the petition; and is not competent to proceed at this time. The juvenile proceedings shall be suspended. A new petition shall be filed alleging the juvenile is in need of protection or services under 247938.13(14), Wisconsin Statutes. to be mentally ill under Chapter 51, Wisconsin Statutes. Pending the filing of a new petition, the juvenile shall be released from custody. held in custody: If provided with the appropriate treatment, the juvenile is likely to become competent to proceed within the lesser of: 12 months, or the maximum sentence that may be imposed on an adult for the most serious delinquent act with which the juvenile is charged. The agency/department responsible for providing services to the juvenile shall obtain the necessary 30 days before 3. Competent Now: The juvenile has been provided appropriate treatment and, upon reexamination, has been determined to have the present mental capacity to understand the proceedings and assist in his or her defense. Medications Needed to Maintain Competency The juvenile is competent now because of the medications being administered, but if the medications were discontinued, it is likely the juvenile would become incompetent. The juvenile shall continue to be administered medications so as to maintain competency for the duration of the proceedings. American LegalNet, Inc. www.FormsWorkFlow.com JD-1733, 02/17 Order Concerning Competency or Mental Responsibility Determination 247938.30(5), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. 4. Not Responsible by Reason of Mental Disease or Defect: The juvenile is not responsible for the acts alleged in the petition by reason of mental disease or defect. The petition is dismissed and a new petition shall be filed alleging the juvenile is in need of protection or services under 247938.13(14), Wisconsin Statutes. to be mentally ill under Chapter 51, Wisconsin Statutes. DISTRIBUTION: 1. Juvenile Court 2. Juvenile/Attorney/Guardian ad Litem 3. Parents/Attorney 4. District Attorney/Corporation Counsel 5. Agency 6. Facility (if in custody) 7. Other: American LegalNet, Inc. www.FormsWorkFlow.com