N.M. R. Child. Ct. 10-743

As amended through August 23, 2024

Rule 10-743 - Order for diagnostic evaluation

[For use with Sections 32A-2-17(B) and 32A-2-21(A) NMSA 1978] STATE OF NEW MEXICO

COUNTY OF _______________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

ORDER FOR DIAGNOSTIC EVALUATION

This matter came before the court on the motion of ________________________ ,

and after being fully advised, the court ORDERS as follows:

1. A diagnostic evaluation of the child shall be performed by __________________

______________________________________________________________________

__________________________________ (insert name and address of a master level

clinician who will perform the evaluation with independently licensed master or doctoral level oversight)¹; the report shall, at a minimum, contain a current description of the child, including behavioral health diagnoses (if any) and the present level of functioning, and recommended course of action regarding treatment and rehabilitation.

2. 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.

3. Child is in detention at ______________________________________________

______________________________________________________________________

or Child's address and telephone number are _________________________________

_____________________________________________________________________ .

4. 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.

5. A copy of the evaluation report shall be sent to defense counsel

[ ] within fifteen (15) days of the date of receipt of this order if the child is in custody.

[ ] within thirty (30) days of the date of receipt of this order if the child is not in custody.

6. If the child needs to be transported to effect the evaluation, a separate transport order needs to be obtained.

7. 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

USE NOTES

1. The evaluator will be selected from a list supplied by the Children, Youth and Families Department.

N.M. R. Child. Ct. 10-743

Adopted by Supreme Court Order No. 11-8300-030, effective 9/9/2011; 10-496B recompiled and amended as 10-743 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016, changed the caption of the case. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-496B NMRA was recompiled and amended as 10-743 NMRA, effective for all cases pending or filed on or after December 31, 2016.