Rule 10-241. Insanity at time of commission of alleged offenses; notice of incapacity to form specific intent.

A. Defense of insanity. Unless upon good cause shown the court waives the time requirement of this rule, notice of the defense of insanity of the respondent child at the time of the commission of the delinquent act or alleged youthful offender offense must be given within ten (10) days after whichever of the following events occurs latest: (1) service of the petition; (2) an attorney is appointed or enters an appearance on behalf of the respondent child; or (3) a notice is filed of an intent to seek adult sanctions. B. Mental examination. Upon motion and upon good cause shown the children’s court judge shall order a mental examination of the respondent child. C. Determination of issue of insanity. When the defense of insanity at the time of the commission of the delinquent act or alleged youthful offender offense is raised, the issue shall be determined in nonjury trials by the court and in jury trials by a special verdict of the jury. When the determination is made and the respondent child is discharged on the ground of insanity, a judgment dismissing the petition with prejudice shall be entered, and any proceedings for commitment of the respondent child because of any mental disorder or developmental disability shall be pursuant to law. D. Statement made during mental examination or treatment. A statement made by the child during a mental examination or treatment subsequent to the commission of the alleged delinquent act or alleged youthful offender offense shall not be admissible in evidence in any criminal or delinquency proceeding before or at adjudication on any issue other than that of the child’s sanity, ability to form specific intent or competency to participate in the proceedings. E. Notice of incapacity to form specific intent. If the respondent child intends to call an expert witness on the issue of whether the respondent child was incapable of forming the specific intent required as an element of an alleged delinquent act or alleged youthful offender offense, notice of such intention shall be given in the same manner and time as notice of insanity as a defense.