Due process. (Effective after January 1, 2027) 1. If there is reason to doubt the minor's fitness to proceed, adjudication may not occur until after a determination is made except the filing of a delinquency petition, until counsel is appointed and notified in accordance with section 27-20.2-12 and the minor is found to have the mental capacity to proceed.
2. After the case proceeds to adjudication or the minor is found to lack fitness to proceed, the court shall order all of the reports that are submitted under this chapter to be closed to the public. The court may order the reports be opened for inspection only:
a. For further fitness to proceed or criminal responsibility examination;
b. For statistical analysis;
c. If the records are considered to be necessary to assist in mental health treatment ordered;
d. For data gathering;
e. For scientific study or other legitimate research;
f. To the state's attorney or minor's counsel for the purpose of an active court case subject to the prior evaluation; and g. To an employee or agent of the division of juvenile services or the department of health and human services, if necessary in the performance of the employee's or agent's duty.
3. If the court orders a report to be open for the purpose of de-identified statistical analysis, data gathering, or scientific study, the report must remain confidential.
4. Any incriminating statement made by a minor to the tier 1a mental health professional as part of a fitness to proceed examination may not be used against the minor over objection in any proceeding.