909A=Juvenile Rights & Waiver of Rights for Gen Sessions Eval.docx
DOCX document 238 KB Posted
- Attached to
- PSYCHOLOGICAL EVALUATION SERVICES -FPB
- Solicitation number
- 5400019100
- Issued by
- Richland County, South Carolina
About this file
This is a procedural form document issued by the South Carolina Department of Juvenile Justice (DJJ), under the authority of Executive Director Freddie B. Pough and Governor Henry McMaster, for conducting juvenile rights notification and waiver evaluations in connection with General Sessions Court transfer proceedings.
The form establishes the protocol for County Case Managers to follow when interviewing juveniles regarding evaluation for potential waiver to adult court when a State v. Hitopoulus protective court order is not in place. The document requires documentation of the juvenile's full name, date of birth, evaluation date and time, and witness identification. The form mandates that juveniles be informed of their rights prior to evaluation, including the right to remain silent, the right to legal counsel, the right to refuse participation, and notification that statements may be used in court proceedings. The form requires signatures from the juvenile, parent or guardian, and attorney acknowledging understanding of these rights. A separate waiver section documents the juvenile's voluntary consent to participate in the evaluation without legal counsel present and confirms that no coercion or inducements were applied.
The form serves as a critical compliance document ensuring procedural due process protections for juvenile defendants in South Carolina's judicial system, particularly in cases where determinations regarding adult criminal prosecution are being considered. This form is associated with the broader state contract opportunity for psychological evaluation services under the South Carolina Department of Juvenile Justice.
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| Extension of Award Posting #1.pdf | ||
| 909B-Understanding of Family Court Hitopoulus Order.doc | DOC document | |
| 904A-Pre-Dispositional Evaluation.docx | DOCX document | |
| 903A-Juvenile Clinical Interview.doc | DOC document |
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Text version
P.O. Box 21069 Columbia, SC 29221-1069 djj.sc.gov Freddie B. Pough Executive Director Governor Henry McMaster
Juvenile Rights and Waiver of Rights for the General Sessions Court Waiver Evaluation
INSTRUCTIONS: This form is to be completed by the County Case Manager prior to conducting an interview with a juvenile regarding Evaluation for General Sessions Court Waiver when the juvenile’s court order does not include the protections of State v. Hitopoulus, 359 S.E.2d 747 (1983).
Juvenile Full Name:
Date of Birth:
Date:
Time:
Witness Name:
Title:
JUVENILE’S RIGHTS:
This evaluation has been ordered by the court for the purposes of assisting the court in determining whether your case should be transferred to the Court of General Sessions (Adult Court), and whether for the purposes of criminal prosecution, you should be treated as an adult.
Since a court order limiting using what you say to the waiver hearing has not been issued, I am not interested in, nor will he/she question you about, the facts of the particular charges against you. I do not wish to be informed of these facts. However, I will ask you very general questions related to similar charges and/or type of offenses.
BEFORE CONDUCTING THIS EVALUATION, YOU MUST UNDERSTAND YOUR RIGHTS:
· You have the right to remain silent.
· Anything you say can and will be used against you in a court of law.
· You have the right to talk to a lawyer before this evaluation.
· If you decide to participate in this evaluation without consulting with your lawyer, you will still have the right to stop participating at any time.
· You have the right to stop answering questions at any time until after you talk with your lawyer.
I HAVE READ, OR HAD READ TO ME, THIS STATEMENT OF MY RIGHTS AND I UNDERSTAND WHAT MY RIGHTS ARE:
Juvenile’s Signature:
Parent/Guardian’s Signature:
Attorney’s Signature:
JUVENILE’S WAIVER OF RIGHTS:
I have read, or had read to me, my rights and I understand what my rights are. I am willing to participate in this evaluation and answer the questions presented to me. I do not wish at this time to talk to my lawyer. I understand and know what I am doing. No promises or threats have been made to me and no pressure of any kind has been used toward me.
Juvenile’s Signature:
Witness Signature:
| Form C-2.2A |
| 02-2018 |
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