Wards—Hearings
Cal. WIC § 712
California Statutes
(
a) The evaluation ordered by the court under
Section shall be made, in accordance with the provisions of
Section and Division 4.5 (commencing with
Section 4500), by either of the following, as applicable:
(1) For minors suspected to be developmentally disabled, by the director of a regional center or his or her designee, pursuant to paragraph (7) of subdivision (
b) of
Section 709.
(2) For all other minors, by an appropriate and licensed mental health professional who meets one or more of the following criteria: (
A) The person is licensed to practice medicine in the State of California and is trained and actively engaged in the practice of psychiatry. (
B) The person is licensed as a psychologist under
Chapter 6.6 (commencing with
Section 2900) of Division of the Business and Professions Code. (
b) The evaluator selected by the court shall personally examine the minor, conduct appropriate psychological or mental health screening, assessment, or testing, according to a uniform protocol developed by the county mental health department, and prepare and submit to the court a written report indicating his or her findings and recommendations to guide the court in determining whether the minor has a serious mental disorder or is seriously emotionally disturbed, as described in
Section 5600.3. If the minor is detained, the examination shall occur within three court days of the court’s order of referral for evaluation, and the evaluator’s report shall be submitted to the court not later than five court days after the evaluator has personally examined the minor, unless the submission date is extended by the court for good cause shown. (
c) Based on the written report by the evaluator or the regional center, the court shall determine whether the minor has a serious mental disorder or is seriously emotionally disturbed, as described in
Section 5600.3, or has a developmental disability, as defined in
Section 4512. If the court determines that the minor has a serious mental disorder, is seriously emotionally disturbed, or has a developmental disability, the case shall proceed as described in
Section 713. If the court determines that the minor does not have a serious mental disorder, is not seriously emotionally disturbed, or does not have a developmental disability, the matter shall proceed without the application of
Section and in accordance with all other applicable provisions of law. (
d) This
section shall not be construed to interfere with the legal authority of the juvenile court or of any other public or private agency or individual to refer a minor for mental health evaluation or treatment as provided in