The Juvenile Incompetent to Proceed (JITP) program is available for youth that are facing felony charges, but who court personnel believe to be incompetent due to mental illness, intellectual disability, or autism. Youth who are incompetent due to age, immaturity, lack of knowledge, or cognitive issues that are not a diagnosable mental illness cannot receive services in this program due to statutory limitations. Two services are offered: Community-Based Services and Secure Residential Services.
For a youth to be found incompetent and committed to DCF for services two court appointed evaluators must assess competency. Things to look for in evaluations include:
Clear and convincing evidence that the youth is incompetent due to mental illness, intellectual disability, or autism. A diagnosis alone does not mean that is what causes the incompetency.
The cause of incompetency is specifically stated, and if a mental illness is the cause they must provide the diagnostic name and basis of the mental illness.
All competency areas are assessed and addressed in the evaluation.
Restorability of the youth is addressed. Youth who are considered non-restorable should not be committed for services.
If an intellectual disability or autism is the suspected cause of incompetency than evaluations must be done by APD to confirm diagnosis. Only APD evaluators can diagnose an intellectual disability or autism as the cause of incompetency.
Case law requires that the evaluations be written within the 6 months prior to the court’s current finding of incompetence.
Evaluations must address if the youth meets the criteria for secure residential or community-based training.
Youth who are incompetent due to other reasons, such as age or cognitive issues, can be found incompetent to proceed but cannot be committed to DCF for restoration services.
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JITP Statute: Chapter 985.19, F.S. (opens in a new window)
Florida Rules of Juvenile Procedure (opens in a new window) – select Juvenile Procedure halfway down the page and look for Rule 8.095: Procedure When Child Believed to Be Incompetent or Insane, beginning on page 49.
Definition of Mental Illness for the purpose of competency: Chapter 916.106, F.S. (opens in a new window)
Definition of Intellectual Disability or Autism: Chapter 393, F.S. (opens in a new window)
Leslie A. Dellenbarger, Psy.D.
JITP Statewide Coordinator
Mental Health Treatment Facilities
Department of Children and Families
2415 North Monroe Street
Suite 400, B-214
Tallahassee, FL 32303
HQW.SAMH.JITP@myflfamilies.com
Office: (850) 717-4479
Fax: (850) 487-1307