Maryland > Statewide > Circuit Court > Family Law > Judgments And Orders
In-Patient Competency Evaluation Order JO-30 - Maryland
| In-Patient Competency Evaluation Order Form. This is a Maryland form and can be used in Judgments And Orders Family Law Circuit Court Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
IN THE CIRCUIT COURT FOR [ ] COUNTY, MARYLAND Sitting as a Juvenile Court In The Matter of: Respondent * * * * * Case Number(s): DOB: IN-PATIENT COMPETENCY EVALUATION ORDER A Plea that the Respondent is incompetent to proceed having been noted in the abovecaptioned case, and this Court having found there exists probable cause to believe the Respondent committed the delinquent act charged, and that the Respondent may not be competent to stand trial; it is hereby ORDERED, this _____day of ____________________ 200___, in accordance with the provisions of Md. Ann. Code, Courts and Judicial Proceedings Article §§ 3-8A-01, et seq., that the Department of Health and Mental Hygiene shall examine the Respondent _______________, to determine whether the Respondent is competent to stand trial within the meanings of §3-8A01(q), that is, whether the Respondent is able to understand the nature or object of the proceedings or assist in his defense; and it is further ORDERED that the parties and the Department of Juvenile Services shall promptly provide to the Department of Health and Mental Hygiene all available medical, education and court records concerning the child and the child's case to permit the Department of Health and Mental Hygiene to conduct a comprehensive review; and it is further ORDERED that in determining whether the child is incompetent to proceed, the Department of Health and Mental Hygiene shall consider the factors set forth in § 3-8A17.3(a)(3); and it is further ORDERED that the Respondent be confined in a medical facility that the Department of Health and Mental Hygiene designates appropriate; and it is further ORDERED that upon completion by the Department of Health and Mental Hygiene of interview, observation and such other in-patient activities as are necessary to the evaluation, the Department of Health and Mental Hygiene shall release the Respondent to the Department of Juvenile Services; and it is further ORDERED that the Department of Juvenile Services shall provide secure transportation of the Respondent to the Court; and it is further ORDERED that the Department of Health and Mental Hygiene shall report its opinion to this Court within forty-five (45) days of the date of this Order, unless pursuant to its request, the JO 30 - December 2007 American LegalNet, Inc. www.FormsWorkflow.com Department of Health and Mental Hygiene has approval of the Court for additional time necessary; and it is further ORDERED that upon receipt, the Clerk of the Court shall promptly serve a copy of the report from the Department of Health and Mental Hygiene on counsel for the Respondent, the State's Attorney and the Department of Juvenile Services; and it further ORDERED that if the Department of Health and Mental Hygiene reports, in its opinion, that the Respondent is incompetent to stand trial, the report shall also describe the treatment that the Department of Health and Mental Hygiene believes is necessary for the child to attain competency to proceed, and in a separate report, shall state whether the child poses a danger to the child or to the person or property of others; and it is further ORDERED that counsel for the Respondent and the State's Attorney, or their duly authorized agents shall be permitted to examine, inspect and photocopy any records or other material upon which any agent of the Department of Health and Mental Hygiene has relied upon in forming any opinion regarding the Respondent's competency to stand trial; and it is further ORDERED that the Clerk of the Court shall promptly deliver a copy of this Order to the Department of Health and Mental Hygiene (Attention: Chief, Juvenile Forensic Services at Facsimile Number (410) 724-3179; and it is further ORDERED that any hearing previously set is stayed, and this matter is set for a Competency Hearing on ____________________________, 200____, at _________ a.m./p.m. Recommendations Made By ___________________________________ MASTER ___________________________________ Date As So Ordered: ___________________________________ JUDGE JO 30 - December 2007 American LegalNet, Inc. www.FormsWorkflow.com
|
|||||||
