SECTION 135:10-26-2. Definitions

  The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Commission" shall refer to the Oklahoma Commission on Children and Youth.

"Competent and competency" refer to a child's ability to understand the nature and objectives of a proceeding against the child or to assist in the child's defense. A child is incompetent if, due to developmental disability, developmental immaturity, intellectual disability, or mental illness, the child is presently incapable of understanding the nature and objective of proceedings against the child or of assisting in the child's defense.

"Credentialed forensic evaluator" means a licensed psychologist, psychiatrist or other physician with necessary education, training, and experience to perform juvenile competency evaluations, and who has been approved to render such opinions for the court.

"Developmental disability" means a severe and chronic disability that is attributable to a mental or physical impairment. Such disabilities include, but are not limited to, cerebral palsy, epilepsy, autism, or other neurological conditions that lead to impairment of general intellectual functioning or adaptive behavior.

"Developmental immaturity" means a condition based on a juvenile's chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or intellectual disability.

"Director" means the Director of the Oklahoma Commission of Children and Youth.

"Intellectual disability" means a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social and practical adaptive skills.

"Juvenile Competency Evaluation Professional Committee" or "Professional Committee" shall mean those persons appointed by the Director to perform the duties provided for by this subchapter.

"Mental illness" has the same meaning as in paragraph 11 of Section 5-502 of Title 43A of the Oklahoma Statutes.

[Source: Added at 33 Ok Reg 351, eff 1-4-16 through 9-14-16 (emergency); Added at 34 Ok Reg 851, eff 9-11-17]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon the expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 9-15-16 (after the 9-14-16 expiration of the emergency action), the text of section 135:10-26-2 was no longer effective, and remained as such until added again by permanent action on 9-11-17. For official text of the emergency rule that was effective from 1-4-16 through 9-14-16, see 33 Ok Reg 351.