Coversheet For Dmh And Ddsn Evaluation Orders Form

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COVERSHEET FOR DMH AND DDSN EVALUATION ORDERS
1.
The Competency to Stand Trial Evaluation orders (SCCA 221 and SCCA 487) and the
Criminal Responsibility (McNaughten) Evaluation order (SCCA 222) should not be
altered. It is important for purposes of compliance with the statutes as well as timeliness,
efficiency and quality control in conducting evaluations that the applicable form order be
used exactly as published, without alterations or additions to the terms of the form
order.
2.
Additional records must be attached to the order for a complete evaluation. It is the duty
of counsel requesting the evaluation to obtain these records in advance and have them
ready at the time the judge signs the order so that the evaluation will not be delayed.
Within five (5) days of its issuance, counsel must file the order with the Clerk and serve
the order on the examining agency. A list of the necessary records is available on the last
page of the order, and may include:
Completed DMH/DDSN Outpatient Information Appointment Sheet
 Copy of the indictments(s)
 Copy of the arresting agency’s incident report
 Copy of the warrant(s)
 Law enforcement investigative reports
 The defendant or juvenile’s statements to law enforcement, written or
electronically recorded
 Witness statements to law enforcement
 Autopsy reports
 Defendant’s school psychological records
 Defendant’s Rule 5(f) notice of insanity records
 Copy of the Juvenile Petition
 Special education records, including psychological evaluations and IEPs
 School records, including disciplinary and attendance records
 Mental health records, including inpatient and outpatient evaluation and/or
treatment
3.
Only one Competency to Stand Trial evaluation can be ordered. For Defendants with
mental illness, the order is addressed to the Department of Mental Health. For
Defendants with an intellectual disability, the order is addressed to the Department of
Disabilities and Special Needs. The order may not be addressed to both agencies. In the
event there is a dual diagnosis or uncertainty as to the correct diagnosis, the order is first
addressed to the Department of Mental Health, and the examiners will determine whether
further referral is necessary. All orders for criminal responsibility evaluation, regardless
of the diagnosis, are forwarded to the Department of Mental Health.
SCCA 487 (12/2009)
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