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Out-Patient Competency Evaluation Order Form. This is a Maryland form and can be use in Circuit Court Statewide.
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Tags: Out-Patient Competency Evaluation Order, JO-31, Maryland Statewide, Circuit Court
IN THE CIRCUIT COURT FOR [
] COUNTY, MARYLAND
Sitting as a Juvenile Court
In The Matter of:
Respondent
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Case Number(s):
DOB:
OUT-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 shall be transported by __________________________,
for the evaluation on an out-patient basis to a facility designated by the Department of Health
and Mental Hygiene, without the necessity of a further order; and it is further
ORDERED that if the Department of Health and Mental Hygiene deems it necessary to
the evaluation that the Respondent be admitted on an in-patient basis to a facility designated by
the Department of Health and Mental Hygiene, a written request for commitment of the
Respondent for in-patient admission for no more than thirty (30) days shall be submitted by the
Department of Health and Mental Hygiene for approval by 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 31 - December 2007
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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 31 - December 2007
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