Form 10-741. Order for evaluation of competency to stand trial.

[For use with Rule 10-242 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ ______________ JUDICIAL DISTRICT IN THE CHILDREN’S COURT In the Matter of _____________, a Child. No. __________ ORDER FOR EVALUATION OF COMPETENCY TO STAND TRIAL This matter came before the court on the motion of ________________________, and after 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 an adult, only the first evaluation listed below shall be performed. If the child is charged with an offense that would be a felony if committed by an adult, both the first and second evaluations listed below shall be performed. [ ] An evaluation of the child’s competency to stand trial shall be performed by ____ ______________________________________________________________________ (insert name and 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 stand trial, measured by the capacity of the child to understand the proceedings, to consult meaningfully with counsel through the adjudication proceedings, measured by a capacity with a reasonable degree of rational and factual understanding 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 an adult and the child is found to be incompetent, an evaluation of whether the child can be treated to competency shall be performed by __________________________________ ______________________________________________________________________ (insert name and address of a doctoral level licensed psychologist overseeing/supervising the evaluation). A proposed treatment plan shall be included in the report.3 3. 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. 4. Child is in detention at ______________________________________________ ______________________________________________________________________ or Child’s address and telephone number are _________________________________ _____________________________________________________________________. 5. 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. 6. A copy of the evaluation report shall be sent to the child’s 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 in custody. 7. If the child needs to be transported to effect the evaluation, a separate transport order needs to be obtained. 8. 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