Committee advances juvenile competency bill, adopts remediation framework and delays effective date

The Senate Judiciary Committee on Thursday advanced legislation intended to create a juvenile-specific framework for determining fitness to proceed and for remediating juveniles who lack competency to participate in delinquency proceedings.

Senate Bill 2036 would move competency and remediation provisions into the juvenile code, set short statutory timetables for evaluations and hearings, allow courts to take judicial notice of prior fitness findings, and authorize dismissal or alternative juvenile-focused pathways (including CHIPS referrals) when remediation is unavailable or inappropriate.

Senator Claire Cory, who introduced the bill, said the measure came out of the interim juvenile justice committee and is designed to codify due-process protections and best practices for juveniles. "This bill originated from the juvenile justice committee," Cory said in opening remarks, noting the effort included technical assistance and multiple stakeholders.

Travis Fink, who walked the committee through the bill's provisions, described changes including a new juvenile remediation process (terminology chosen to distinguish juvenile remediation from adult "restoration"), time frames that require evaluations to be completed within 15 days of receipt of materials and hearings within 10 days of receiving an evaluation report, and protections for closed records and excluded use of statements made to evaluators. The bill also permits remote testimony by qualified evaluators and creates a process for courts to retain jurisdiction to order services or file a CHIPS petition where dismissal and community-based services are appropriate.

Human-service directors and the Department of Health and Human Services (DHHS) testified about implementation challenges. Lynn Fleet, a human service zone director, said the measure would increase the number of youth with complex behavioral-health and intellectual-functioning needs whose cases require time-consuming placement and service searches, and she urged caution on implementation timelines. Shawna Eberhardt of DHHS testified neutrally and recommended a delayed effective date so the state can build staffing, certification and tracking systems; DHHS proposed delaying a key implementation section until January 2, 2027 to allow time for workforce development and standards for remediation certification.

Committee members adopted technical and clarifying amendments drafted by the State Court Administrator's Office, and later accepted an amendment to delay a section’s effective date to give DHHS more time to prepare. After amendment the committee voted to give the bill a do-pass recommendation and re-referred it to the Appropriations Committee for the fiscal implementation needed to stand up remediation services.

Supporters described the bill as a compromise developed with prosecutors, defense counsel, DHHS and courts. Opponents were not prominent in committee testimony, but stakeholders and the department flagged workforce, placement capacity and certification needs that will drive fiscal and implementation planning.