A 10-year-old boy is charged with carjacking while driving through a crowded playground in Minneapolis

The statement from District Attorney Mary Moriarty's office announcing the charges in juvenile court said that while the law prevents prosecutors from saying more about the case, a person, including a child, cannot be prosecuted , if she is unable to understand the court proceedings or assist a lawyer in the defense. A court-appointed psychologist makes a competency recommendation to a judge, who ultimately makes the decision. If the court finds that a child lacks legal capacity, the case against the child must be dismissed or stayed and the child must be released from custody.

“We are facing an urgent crisis in our community related to a small group of children who are unable to face justice in the juvenile justice system but cannot be safe at home,” the statement continued. “We are actively working with law enforcement, county and state partners to address the urgent need for safe and appropriate out-of-home placements for children with these complex needs who require specialized care. We cannot free ourselves from this crisis through accusations or criminal prosecution.

“What we need is clear: residential placements with varying levels of security in our community that have the resources and staff to accommodate and successfully treat our youth with complex needs. And we need urgent and immediate action now to address this problem.”