In the Matter of the Welfare of: D.J.F.-D., Child

Syllabus

Rule 20.01, subdivision 7(A) of the Minnesota Rules of Juvenile Delinquency Procedure permits the State, within 1 year of a juvenile court's finding of incompetency, to file a notice of intention to prosecute a child when the child has been restored to competency. A notice has the effect of extending the suspension of proceedings for 1 year, provided that the child does not age out of juvenile jurisdiction during the suspension. So long as the juvenile court continues to make findings of incompetency, the State may file attendant, timely notices of intention to prosecute, thereby extending the suspension of delinquency proceedings until the child ages out of juvenile jurisdiction. Affirmed.