Order For Competency To Stand Trial Evaluation {SCCA-487}

********************************************* 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. 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: 3. 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 2. 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) 1 of 8 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF SOUTH CAROLINA COUNTY OF _______________________ A JUVENILE A Child under Seventeen (17) Years of Age ) IN THE FAMILY COURT ) _____JUDICIAL CIRCUIT ) ) ORDER FOR COMPETENCY TO STAND ) TRIAL EVALUATION PURSUANT TO ) Section 44-23-410 (1976) ) EVALUATION BY : ) (Select Only One) ) Department of Mental Health (Mental Illness) ) Department of Disabilities and Special Needs ) (Intellectual Disability or Related Disability) ) ) ) Docket No. _______________________________ Hearing Date: ______________________ Judge: ____________________________ Court Reporter: ____________________ Plaintiff Attorney: _______________________________ Defendant Attorney: ______________________________ Guardian ad Litem:______________________________ Address: Date of Birth: This matter is before me for an order requiring the juvenile _______________________, charged with_____________________________________, to submit to an evaluation for competency to stand trial pursuant to S.C. Code Ann. § 44-23-410 (1976). BASIS FOR ORDER. I have considered the showing made in support of the motion requesting this evaluation and have reason to believe the juvenile may lack the competency to understand the criminal proceedings or to assist with the defense as a result of a lack of mental competence. This order is issued for the following reasons: _________________________________ ______________________________________________________________________________ _____________________________________________________________________________. THEREFORE, IT IS ORDERED: The juvenile shall be examined and observed at an appropriate facility by two examiners of the Department of Mental Health if suspected of having a mental illness or by two examiners designated by the Department of Disabilities and Special Needs if suspected of having an intellectual disability or a related disability, to render an opinion whether the juvenile is competent to stand trial. SCCA 487 (12/2009) 2 of 8 American LegalNet, Inc. www.FormsWorkFlow.com 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