Attachment #5.pdf

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PSYCHOLOGICAL EVALUATION SERVICES
Solicitation number
5400024810
Issued by
South Carolina

About this file

This is Form 909B, a waiver evaluation form issued by the South Carolina Department of Juvenile Justice under Executive Director Freddie B. Pough, designed for use by County Case Managers conducting interviews with juveniles subject to court-ordered psychological evaluations regarding potential transfer to General Sessions Court (adult court). The form documents a juvenile's informed consent to participate in psychological evaluation services when the Family Court has issued a State v. Hitopoulus protective order. The evaluation process is initiated by court order and is intended to assist the court in determining whether a juvenile's case should be transferred to adult court jurisdiction and whether the juvenile should be treated as an adult for purposes of criminal prosecution. The form requires completion prior to any psychological evaluation interview and includes signature lines for the juvenile, parent or guardian, attorney, and witnesses, along with fields for the juvenile's full name, date of birth, date, time, and witness information.

The form establishes critical protections for the juvenile by documenting that any oral or written communications made to the psychologist during the evaluation, related to the juvenile's charges, are protected from use as evidence in any court proceeding except for the waiver hearing itself. The juvenile must acknowledge understanding of these protections and confirm voluntary participation in the evaluation without promises, threats, inducements, pressure, or coercion. The form includes blank text fields for additional documentation or notes. This document serves as the procedural mechanism for implementing psychological evaluation services as part of South Carolina's juvenile justice system's waiver determination process, ensuring compliance with state legal protections while facilitating the court's assessment of appropriate jurisdiction and culpability determinations for juveniles facing potential adult prosecution.

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Text version

Form 909B 09-2020

P.O. Box 21069 Columbia, SC 29221-1069 djj.sc.gov

Freddie B. Pough Executive Director Governor

Henry McMaster

Understanding of Family Court Hitopoulus Order 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 includes the protections of State v. Hitopoulus, 359 S.E.2d 747 (1983).

Juvenile Full Name: Date of Birth:

Date: Time:

Witness Name Title:

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. The Family Court has issued an Order in your case protecting the use of any oral or written communication that you have with the psychologist related to your charges, in conjunction with this evaluation, as evidence against you in any court proceeding other than the Waiver hearing.

I HAVE READ, OR HAD READ TO ME, THIS STATEMENT AND I UNDERSTAND THAT ANY

STATEMENT I MAKE TO THE PSYCHOLOGIST CONCERNING MY CHARGES CANNOT BE

USED AGAINST ME IN ANY COURT HEARING, OTHER THAN THE WAIVER HEARING.

I am willing to participate in this evaluation and answer the questions presented to me. I do not wish to talk to my lawyer at this time. I understand and know what I am doing. No promises, threats, or inducements have been made to me and no pressure or coercion of any kind has been used against me.

Juvenile’s Signature:

Parent/Guardian’s Signature:

Attorney’s Signature:

Witnesses’ Signature:

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