909B-Understanding of Family Court Hitopoulus Order.doc

This is an instructional form for county case managers in South Carolina conducting General Sessions Court Waiver Evaluations for juveniles whose court orders include protections under State v. Hitopoulus, 359 S.E.2d 747 (1983). The form documents the evaluation process ordered by the Family Court to determine whether a juvenile's case should be transferred to adult court and whether the juvenile should be prosecuted as an adult. The evaluation involves a psychological assessment conducted in conjunction with the waiver hearing. The form requires completion of juvenile identification information, date and time of evaluation, and witness details. The document serves as a formal acknowledgment that the juvenile, parent or guardian, and attorney understand the confidentiality protections governing communications with the psychologist during the evaluation process.

The form establishes that any statements made by the juvenile to the psychologist regarding charges cannot be used as evidence in any court proceeding other than the waiver hearing itself. The juvenile must acknowledge understanding of these protections and consent to participate in the evaluation voluntarily, without promises, threats, inducements, or coercion. All parties—the juvenile, parent or guardian, attorney, and witnesses—must sign the form to document informed consent and understanding. This form is designated as Form C-2.2B and was updated in February 2018, indicating it is part of the Family Court's standardized procedures for managing waiver evaluations under established state law protections.