Order For Evaluation Of Competency {10-741}

10-741. Order for evaluation of competency to stand trial.[For use with Rule 10-242 NMRA]STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTIn the Matter of , a Child.No. ORDER FOR EVALUATION OF COMPETENCY TO STAND TRIALThis matter came before the court on the motion of , andafter being fully advised, the court FINDS good cause exists, and IT IS HEREBY ORDERED as follows:1.The proceedings in this matter shall be stayed pending a determination of competency.2.If the child is charged with an offense that would be a misdemeanor if committed by anadult, only the first evaluation listed below shall be performed. If the child is charged with anoffense that would be a felony if committed by an adult, both the first and second evaluationslisted below shall be performed.[ ]An evaluation of the child222s competency to stand trial shall be performed by (insert nameand address of a doctoral level licensed psychologist performing the evaluation)1;the report shall, at a minimum, contain an evaluation of the current ability to standtrial, measured by the capacity of the child to understand the proceedings, toconsult meaningfully with counsel through the adjudication proceedings,measured by a capacity with a reasonable degree of rational and factualunderstanding of the proceedings, and to assist in the defense.2[ ]If the child is charged with an offense that would be a felony if committed by anadult and the child is found to be incompetent, an evaluation of whether the childcan be treated to competency shall be performed by (insert nameand address of a doctoral level licensed psychologist overseeing/supervising theevaluation). A proposed treatment plan shall be included in the report.33.Defense counsel shall cause this order to be served so that it is received by the evaluatorno later than five (5) days from the date of entry of this order and shall file with the court a American LegalNet, Inc. www.FormsWorkFlow.com certificate of service. 4.Child is in detention at or Child222s address and telephone number are .5.If the evaluator is unable to contact the child, the evaluator shall immediately contactdefense counsel, who will contact the child and set up the evaluation or notify the court that theevaluator cannot contact the child.6.A copy of the evaluation report shall be sent to the child222s attorney[ ]within thirty (30) days of the date of receipt of this order if the child is in custody.[ ]within forty-five (45) days of the date of receipt of this order if the child is not incustody.7.If the child needs to be transported to effect the evaluation, a separate transport orderneeds to be obtained.8.Defense counsel shall file a certificate of service with the court showing the date theevaluation report was received.DISTRICT JUDGEChildren222s Court AttorneyAttorney for ChildUSE NOTE1.The evaluator will be selected from a list supplied by the Children, Youth andFamilies Department.2. See State v. Rotherham, 1996-NMSC-048, 122 N.M. 246, 251, 923 P.2d 1131,1136 (citing Dusky v. United States, 362 U.S. 402 (1960)).3. See NMSA 1978, 247 32A-2-21(G) (2005) (223If the child has been accused of an actthat would be considered a misdemeanor if the child were an adult and the child is found to beincompetent to stand trial, the court shall dismiss the petition with prejudice and may recommendthat the children's court attorney initiate proceedings pursuant to the provisions of the Children222sMental Health and Developmental Disabilities Act.224). American LegalNet, Inc. www.FormsWorkFlow.com [Adopted by Supreme Court Order No. 11-8300-030, effective September 9, 2011; 10-496Arecompiled and amended as 10-741 by Supreme Court Order No. 16-8300-017, effective for allcases pending or filed on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com