Coversheet For Dmh And Ddsn Evaluation Orders Form (Page 3 of 8) in pdf

COMPLIANCE DEADLINE/TRANSPORT FOR EVALUATION. The examining

facility shall schedule the ordered examination no later than thirty (30) days from the examining

agency’s receipt of this order. If the juvenile is currently released pursuant to S.C. Code Ann.

§63-19-810 (A) counsel for the juvenile will be notified of the date, place and time of the

evaluation. Counsel for the juvenile shall notify the person responsible for producing the juvenile

(parent/guardians/custodian) of the evaluation. The person responsible for producing the

juvenile (parent/guardians/custodian) is responsible for making transportation arrangements to

attend the examination. In the event the juvenile does not appear at the scheduled examination,

upon written notice of such failure by the examining agency to the Court and to the South

Carolina Department of Juvenile Justice, a summons or a warrant may be issued for the

apprehension of the juvenile and of the responsible person. If the juvenile is in detention at the

time of the scheduled examination, the Sheriff is hereby authorized and required to transport the

juvenile to and from the examination, arriving at the examining facility at the time established by

confirmed appointment with the staff of the examining facility. In the event the juvenile is in the

custody of a law enforcement agency other than a Sheriff’s department, nothing herein prevents

such agency from carrying out the provisions of this order.

TRANSFER TO ALTERNATE AGENCY. If the initial examination is performed by

the Department of Mental Health, and examiners find indications of an intellectual disability or a

related disability but not mental illness, the Department of Mental Health shall not render an

opinion on mental competency, but shall inform the Court, prosecutor, and defense counsel that

the juvenile is “not mentally ill” and shall provide a copy of such notification and a copy of this

order to the Department of Disabilities and Special Needs. Likewise, if the initial examination is

performed by the Department of Disabilities and Special Needs, and examiners find indications

of mental illness but not an intellectual disability or a related disability, the Department of

Disabilities and Special Needs shall not render an opinion on mental competency, but shall

inform the Court, prosecutor, and defense counsel that the juvenile does “not have an

intellectual disability or a related disability” and shall provide a copy of such notification and

this order to the Department of Mental Health.

In either case, the examining agency shall make copies of any records gathered or created

in connection with its examination available to examiners designated by the alternate agency,

and the alternate agency shall thereafter designate examiners to evaluate defendant as to

competency to stand trial within thirty (30) days of receipt of the notification from the initial

SCCA 487 (12/2009)

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