Attachments

As soon as you receive your copy of the evaluation report, make sure all attachments that are checked off are included with the report so you have adequate time to obtain any missing information.

II. Form 5

The Form 5 was developed by DJJ to provide basic information about the juvenile. You should already have the majority of this information from your initial interview with your client and the child’s parent/guardian, but there may be additional useful information included, as well.

 Closely examine this form to check for possible errors, especially in the “Legal History” section. Make sure it accurately reflects court outcomes affected by negotiated pleas, such as reduction of charges to lesser included offenses or dismissals of certain charges. DJJ’s recommendation for disposition is based in part on the juvenile’s legal history, so any errors or discrepancies identified should be discussed with DJJ prior to court to determine if correcting the information could positively affect their recommendation.

 This form also provides the child’s Medicaid number if applicable. When planning for disposition, you should know if your client has insurance or Medicaid which may be required when applying to certain programs in the community, especially private residential treatment facilities. If the child does not have insurance, is eligible for Medicaid, but has not yet applied, make sure the child’s guardian applies for Medicaid as soon as possible before the disposition hearing to avoid unnecessary delays in placement or acceptance to a treatment program.

Applications for Medicaid can be obtained from the South Carolina Department of Health and Human Services or from the county health departments, most hospitals, and the county DSS offices. Applications for Medicaid may be filed in person or by mail.

 The “DJJ Personnel” section identifies the names of DJJ Intake Counselors and Social Workers assigned to the child who you may want to contact. They can often provide additional insight regarding a child’s behavior while being evaluated and may be able to identify positive points you can present to the court on behalf of your client.

 The “Juvenile Traits,” indicates whether DNA testing was conducted on the child or if the child was required to register as a sex offender. Again, review for accuracy.

III. Court Order / Commitment Order for Evaluation

You should have already received a copy of the court order and thoroughly reviewed it for any discrepancies from your notes or recollection of the court’s order at the

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adjudicatory hearing, especially with regard to any handwritten notes added to a standard order.

When preparing your disposition arguments for the court, include any information regarding the adjudicated offense favorable to the juvenile, such as mitigating factors and relative culpability.

Make sure that any agencies or service providers included in the order have complied with the applicable terms. Was the DSS home study or investigation conducted as ordered by the court? Was an interagency staffing conducted, and did all the identified agencies participate? Have services been provided during the evaluation period as ordered?

IV. Psychosocial Evaluation A. Reason for Referral

If there are specific referral questions posed by the court in the order for evaluation, make sure that they are addressed in the evaluation report.

B. Notice

The following statement of confidentiality is standard in all evaluation reports and should be read thoroughly and taken very seriously.

This report is confidential and meant for use by qualified professionals only and others involved from a legal perspective with this evaluation for disposition. No unauthorized disclosure of this report or information contained in this report is allowed. Any person who, without proper authorization, discloses information contained in the report assumes all liability associated therewith. Some individuals and family members may tend to misunderstand and/or distort the information enclosed in this report. This may result in significant psychological distress to the individual or may interfere with any treatment and eventual recovery from psychological illness, if present. For individuals with self- destructive or assault tendencies, the consequences of ill-advised disclosure of this report may be serious. Release should be limited to that information pertinent to the needs of the requesting party and jargon and scores may need to be omitted or explained thoroughly. (Juvenile’s name) was informed of the purpose of the evaluation and was informed that the results would be shared with SCDJJ staff, family court officials, qualified professionals, and others involved from a legal perspective. He was informed that suspected child abuse or neglect must be reported to the proper authorities. He indicated that he understood the limits of confidentiality.

You should obtain your client’s permission before revealing any information contained in the report, even if it is to the child’s parent or guardian. Even with

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your client’s permission, it is almost never a good idea to give a full copy of the report to the juvenile’s parent or guardian, or anyone else, for reasons identified in the confidentiality statement above. If there is information from the report you believe the parent needs to know in order to help the child’s legal situation, then, after obtaining the child’s permission, discuss those parts of the report with the parent as needed.

DJJ has a procedure whereby parents who are interested in obtaining a copy of the Psychosocial Evaluation (or Community Evaluation) have a meeting with a Community Psychologist who goes through the evaluation with the parent, explains any information that might be confusing, and answers any questions the parent may have.