Coversheet For Dmh And Ddsn Evaluation Orders Form (Page 4 of 8) in pdf

examining agency.

FINDING OF DUAL DIAGNOSIS. If examiners of either the Department of Mental

Health or the Department of Disabilities and Special Needs find an indication of a dual diagnosis

of mental illness and an intellectual disability or a related disability, no opinion on the juvenile’s

mental competency shall be rendered, and the dual diagnosis must be reported to the Court,

prosecutor, and defense counsel. The examining agency shall also provide notification of the

finding and a copy of this order to the other agency. Thereafter, the Department of Mental

Health and the Department of Disabilities and Special Needs shall arrange for an examiner from

each agency to further evaluate the juvenile to render a final report on the juvenile’s mental

competency. Both agencies are authorized and required to make copies of all relevant records

within their possession or control available to examiners for purposes of completing the dual

evaluation.

AUTHORIZATION FOR INPATIENT EVALUATION. In the event examiners from

either agency determine the juvenile requires an inpatient examination, upon written notice to

this Court from the director of the examining agency or his designee, the juvenile shall be

committed to an appropriate facility of the requesting agency for no more than fifteen (15) days

for examination and observation related to the juvenile’s mental competency to stand trial. If the

examination and observation of defendant has not concluded at the end of the initial inpatient

fifteen (15) days, the juvenile may be kept in the continued custody of the agency for an

additional period not to exceed fifteen (15) days, provided the director of the examining facility

or his designee notifies this Court in writing. The issuance of an additional Court order allowing

for the inpatient commitment(s) as discussed in this paragraph is not necessary.

DETENTION BEYOND EVALUATION PERIOD. If, in the judgment of the

designated examiners, the juvenile is in need of immediate hospitalization or inpatient treatment,

upon written request to this Court from the director of the examining facility or his designee, the

juvenile may be detained by the requesting agency in a suitable facility for so long as deemed

clinically necessary or until a hearing required and provided by S.C. Code Ann. § 44-23-430

(1976) may be conducted by this Court. An additional Court order shall be necessary for

ongoing pre-trial inpatient detention of the juvenile as discussed in this paragraph.

ISSUANCE AND ADMISSIBILITY OF WRITTEN REPORT. Within ten (10) days

of all examinations or the conclusion of the observation period, a written report shall be made to

the Court pursuant to S.C. Code Ann. § 44-23-420 (1976). A copy of the report shall also be

SCCA 487 (12/2009)

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