New Mexico Forms Library

10-744. Order for pre-dispositional diagnostic evaluation.

[For use with Section 32A-2-17(A) NMSA 1978]

STATE OF NEW MEXICO

COUNTY OF ___________________

_____________ JUDICIAL DISTRICT

IN THE CHILDREN’S COURT

In the Matter of _____________, a Child.                                               No. __________

ORDER FOR PRE-DISPOSITIONAL DIAGNOSTIC EVALUATION

            This matter came before the court on the motion of _______________________, and after being fully advised, the court ORDERS as follows:

1.         A pre-dispositional diagnostic evaluation of the child shall be performed by ______________________________________________________________________

___________________________________ (insert name and address of a master level clinician who will perform the evaluation with independently licensed master or doctoral level oversight)¹; the report shall contain, at a minimum, a current description of the child, an explanation of the child’s delinquent behavior, and a recommended course of action regarding disposition.

2.         Defense counsel shall cause this order to be served so that it is received by the evaluator no later than five (5) days from the date of entry of this order and shall file with the court a certificate of service.

3.         Child is in detention at ______________________________________________

______________________________________________________________________

or Child’s address and telephone number are _________________________________

_____________________________________________________________________.

4.         If the evaluator is unable to contact the child, the evaluator shall immediately contact defense counsel, who will contact the child and set up the evaluation or notify the court that the evaluator cannot contact the child.

5.         A copy of the evaluation report shall be sent to defense counsel

            [ ]         within fifteen (15) days of the date of receipt of this order if the child is in custody.

            [ ]         within thirty (30) days of the date of receipt of this order if the child is not in custody.

6.         If the child needs to be transported to effect the evaluation, a separate transport order needs to be obtained.

7.         Defense counsel shall file a certificate of service with the court showing the date the evaluation report was received.   

                                                                        ______________________________

                                                                        DISTRICT JUDGE

                                                                        _____________________________

                                                                        Children’s Court Attorney

                                                                        _____________________________

                                                                        Attorney for Child

USE NOTES

1.         The evaluator will be selected from a list supplied by the Children, Youth and Families Department. 

[Adopted by Supreme Court Order No. 11-8300-030, effective September 9, 2011; 10-496C recompiled and amended as 10-744 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]