STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 1631
IN THE INTEREST OF C. H.
FEBRUARY 1, 2022
In Re: C. H., applying for writs, 22nd Judicial
supervisory
District Court, Parish of Washington, No. J- 18- 83.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
STAY LIFTED. WRIT DENIED. The transcript of the December 2,
2021 proceeding reflects that the parties stipulated that all of
the medical providers that provided reports to the district
court would testify in accord with their reports. The writ
application includes reports from the competency commission,
which contain to the juvenile' s
conflicting opinions as
competency to proceed. In view of this fact, the district court
did not abuse its discretion by finding that the juvenile' s
competency has been restored.
GH
Chutz, J., concurs.
Guidry, J., dissents in part and would grant the writ
application. I would remand this matter to the district court
to order another mental examination by a
competency
commission. The writ application contains reports from medical
professionals that indicate the juvenile suffers from ADHD,
autism spectrum disorder by history, unspecified anxiety
disorder, and unspecified learning disorder. Further, the
partial record before this court includes a letter dated
November 3, 2021 from the restoration
competency provider
wherein she opines that the juvenile " is unlikely to be restored
in the foreseeable future this
using competency restoration
education program." While the transcript of the December 2,
2021 proceeding reflects that the parties stipulated that all of
the medical providers that provided to the
reports district
court would testify in accord with their reports, the reports
prepared by the competency commission were prepared over a year
ago.
COURT " OF APPEAL, FIRST CIRCUIT
DEPUY F COURT
FOR THE COURT
State Of Louisiana in the Interest of C.H.
Combined Opinion