People v. R.V.

Opinion

CANTIL-SAKAUYE, C. J.

A minor who is the subject of a wardship petition under Welfare and Institutions Code1 section 601 or section 602 has, like an adult facing criminal prosecution, a due process right not to be tried while mentally incompetent. Section 709 establishes procedures for juvenile courts to follow so as to ensure that minors are not subject to adjudication while their competency is impaired.

We decide two issues in this case; first, whether under section 709 a minor is presumed competent and bears the burden of proving otherwise by a preponderance of the evidence and,…