Current through all regulations passed and filed through September 16, 2024
(A) "Forensic evaluation service" means an
evaluation resulting in a written expert opinion regarding a legal issue for an
individual referred by a criminal court, domestic relations court, juvenile
court, adult parole authority, or other agency of the criminal justice system
or a Ohio
department of mental health and addiction services (OhioMHAS) operated
regional psychiatric hospital. Forensic
evaluation service includes all related case consultation and expert testimony.
Forensic evaluation service also assists courts and the adult parole authority
to address
behavioral health legal issues such as those
referenced in paragraph (B) of this rule.
(B) Forensic evaluation service addresses
behavioral health legal issues, including the
following:
(1) Competency to stand trial, as
defined in division (G)(3) of section
2945.371 of the Revised
Code;
(2)
Mental condition at the time of the offense charged,
as defined in division (G)(4) of section
2945.371 of the Revised
Code;
(3) Post-"NGRI" (not guilty
by reason of insanity) examination, as defined in division (A) of section
2945.40 of the Revised Code:
(4) Presentence, as defined in
section 2951.03 of the Revised
Code;
(5) Mitigation of penalty, as
defined in section 2947.06 of the Revised
Code;
(6) Mitigation of death
penalty, as defined in section
2929.03 of the Revised
Code;
(7) Domestic violence
evaluation, as defined in section
2919.271 of the Revised Code;
(8) Competence to be a witness, as
defined in section 2317.01 of the Revised
Code;
(9) Adult parole authority,
for parole revocation and other legal questions;
(10) Psychological effects of an act upon the
victim, as defined in section
2930.13 of the Revised
Code;
(11) Domestic relations, for
custody and visitation;
(12)
Juvenile dependency, neglect, delinquency (Ohio rules
of juvenile procedure, rule 32), or
competency as defined in section
2152.53 of the Revised
Code; ; or waiver to adult court,
as defined in division (C) of section
2152.12 of the Revised
Code
;
(13) Battered woman
syndrome, as defined in section
2945.392 of the Revised
Code;
(14) Violation of
anti-stalking protection order, as defined in section
2903.212 of the Revised Code;
(15)
Intervention in lieu of conviction, as defined in
section 2951.041 of the Revised
Code;
(16) Non-secured status, as
defined in section 2945.401 of the Revised
Code;
(17) Post sentence
evaluation-probation or parole for involuntary
commitment, as defined in section
2967.22 of the Revised Code;
or,
(18)
Juvenile competency evaluation for serious youthful offenders, as defined in
division
(C)(2) of section
2152.13
of the Revised
Code.
(C) No examiner
should undertake a forensic evaluation without an appropriate
written order from the court ordering the
evaluation, or an official written request if the agency requesting the
forensic evaluation is a parole or probation department, or
OhioMHAS
operated regional psychiatric hospital.
(D) Forensic evaluation service shall provide
the following standards of confidentiality:
(1) The relationship between the person being
evaluated and the examiner is not confidential in the usual understanding of
that term. A written report shall be made to the court or adult parole
authority, whether or not the person being evaluated cooperates with the
examiner. The relationship between the examiner,
evaluee, and court or adult parole authority shall be explained orally
and in writing to the person being evaluated. It shall be clearly noted that
information gathered and expert opinions reached by the examiners shall be
summarized in a written report and/or testimony to the court or adult parole
authority or other referring agency.
(2) Reports to the criminal courts shall be
forwarded only to the court that referred the person or to other court
officials, prosecution and defense attorneys, as designated by the referring
court. The court may, at its discretion, distribute the report, and bears the
responsibility for that distribution. Reports to the adult parole authority
shall be forwarded only to that agency, which may, at its discretion,
distribute the report, and bears the responsibility for that distribution.
Reports may be distributed to other parties only with the written authorization
of the court or adult parole authority, or other referring agency.
(3) Reports of forensic evaluations shall be
stored separately from other types of client records, and shall be considered
the property of the court that ordered them or the agency that referred the
person.
(E) Each
forensic evaluation report shall include at least the following:
(1) The name and qualifications of the
examiner(s);
(2) The name of the
court or agency that referred the person;
(3) The legal or referral question being
assessed;
(4) Identifying
information about the person being evaluated, including relevant clinical,
social, and criminal history;
(5)
The duration and location of the interview(s) with the person being
evaluated;
(6) A description of
collateral information used to develop the report;
(7) Psychological and/or psychiatric data
that address the legal or referral issue, if applicable; and
(8) Opinions and recommendations.
(F) The forensic evaluation
report shall be presented in non-technical terms
and in reasonable detail. The data and recommendations shall be pertinent to
the legal or other referral question.
Relevant
collateral information shall be used in a forensic evaluation to the
fullest extent possible. Opinions in a forensic evaluation report shall not be
based entirely on self-report of the person being evaluated if collateral
information is available.
(G)
Reports shall contain sufficient information to substantiate the conclusions
and recommendations made. Special caution shall be exercised with
self-incriminating statements by the person being evaluated, information about
others not being evaluated, or other material of a particularly sensitive,
personal nature not related to the issue and for which the forensic evaluation
was requested.
(H) For
competence to stand trial and not guilty by reason of
insanity forensic evaluations , the qualifications of the
examiner(s) are regulated by sections
2945.37 and
2945.371 of the Revised
Code.
All other examinations for which qualifications
are not specified by law shall be conducted by staff who are qualified
according to paragraph (K) of this rule.
(I) Forensic evaluations shall be completed
within the time limits specified by law, unless an
extension has been granted by the referral source. Examinations for which
no statutory time limit exists shall be completed within a reasonable time, as
determined in consultation with the court or agency requesting the
service.
(J) The agency shall
ensure that:
(1) All staff who perform
forensic evaluation services shall have training and continuing education
relating to the legal and
behavioral health issues involved in the services
they provide; and
(2) All persons
who perform forensic evaluation services listed in paragraphs (B) (1) to
(B)
(18)
of this rule shall provide written documentation of at least twenty-four hours
of training every three calendar years that is specific to the forensic
behavioral health area.
(K) Forensic evaluation service shall be
provided and supervised by staff who are qualified according to rule
5122-29-30
of the Administrative Code.
