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§ 31-37-26-5 — Indiana Law | CourtGPT
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  2. Laws/
  3. Indiana/
  4. Title 31 - Family Law and Juvenile Law/
  5. Article 37 - Juvenile Law: Delinquency/
  6. Chapter 26 - Competency31-37-26-1. Applicability/
  7. § 31-37-26-5
Indiana Legal Code

§ 31-37-26-5

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Upon a motion by any party, the court shall conduct a hearing to determine competency. The child has:(1) the right to notice;(2) the opportunity to participate personally at the hearing;(3) the right to present evidence; and(4) the right to be represented by counsel. If the child is indigent, the court shall appoint counsel for the child.The party alleging that the child is not competent has the burden of proving that the child is not competent by a preponderance of the evidence.As added by P.L.157-2021, SEC.3.