Coversheet For Dmh And Ddsn Evaluation Orders Form (Page 5 of 8) in pdf

forwarded to the prosecutor and defense counsel. This evaluation report shall be admissible as

evidence in subsequent hearings pursuant to S.C. Code Ann. § 44-23-420 (C) (2006); thus, the

report is a statutory exception to the rule against hearsay and shall be admissible without need for

foundational testimony. However, the report shall be inadmissible in any other proceedings

except as expressly permitted by South Carolina law.

OWNERSHIP AND DISCOVERABILITY OF EXAMINING AGENCY FILES.

The examining agency is an independent entity, conducting this evaluation pursuant to Court

order, and is not aligned with any party before the Court. To promote full disclosure and to

assure the cooperation of the juvenile during the evaluation process, ownership of the examining

agency’s files shall be vested with the examining agency, including clinician’s notes, staff

reports, evaluation documents, memoranda, test results, etc. Neither these files nor any of their

contents shall be provided to any party except upon presentation of a Court order authorizing

such or a release authorization in proper form. In the event the examining agency’s evaluation

opinion is contested, an examiner may be appropriately and fully questioned as to the basis for

the examiner’s opinion at any hearing pursuant to S.C. Code Ann. § 44-23-430 (1976).

However, examiners and agency staff may not be compelled to testify regarding statements made

during the competency examination for any purpose other than to establish competency. Also,

statements made during the examination may not be used to impeach the juvenile at trial.

Hudgins v. Moore, 337 S.C. 333, 524 S.E.2d 105 (1999).

MEDICAL PROVIDERS/SCHOOLS MUST RELEASE NECESSARY RECORDS.

State agency examiners conducting the evaluation may need clinical and school records

concerning the juvenile to assist in forming an opinion. It is therefore ordered, upon presentation

by the examining agency of this order with a written request for specific records attached thereto,

that any physician or clinician, licensed health care facility, licensed health care provider, or any

school district is hereby authorized and required to furnish copies of all records concerning the

juvenile to the Department of Mental Health or the Department of Disabilities and Special

Needs, or both.

COUNSEL REQUIRED TO FURNISH NECESSARY RECORDS. Upon written

request from the examining agency, counsel for the prosecution and defense shall furnish to the

agency such records and information in counsel’s possession as the agency requests, including

but not limited to copies of law enforcement reports, investigations, witness statements,

statements by the juvenile (both written and electronic), the juvenile’s medical records, and prior

SCCA 487 (12/2009)

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Coversheet For Dmh And Ddsn Evaluation Orders Form Page 5