California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11.1 - Extended Confinement Time and Jurisdiction › Article 1 - General Provisions › Section 31375 - Evaluation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A psychologist or psychiatrist completing a Welfare and
					 Institutions (W&I) Code Section
					 1800
					 evaluation shall:
(a) Be licensed by the
				  Board of Psychology for the State of California or be licensed by the Medical Board
				  of the State of California and certified or eligible for certification by the
				  American Board of Psychiatry and Neurology, and
(b) Have worked as a mental health practitioner
				  for Division of Juvenile Justice (DJJ) or in a comparable forensic setting for two
				  (2) years, and
(c) Have satisfactorily
				  completed DJJ W&I Code Section
				  1800 Training, and
(d) Have successfully completed two (2) W&I
				  Code Section 1800 evaluations supervised by the Chief
				  Psychiatrist, Senior Supervising Psychiatrist, or a Chief Psychologist.
The evaluation shall ensure that a recommendation for support or
					 non-support of a petition is based on:
(a)
				  A clinician's current diagnosis and longitudinal review of the youth's current
				  ability to control his or her current and future behavior
(b) A clinician's evaluation of the youth's
				  current ability to control his or her behavior
(c) A causal link between the diagnosed
				  deficiency/disorder/abnormality and the current level of dangerousness because of
				  serious difficulty controlling his or her dangerous behavior, and a determination
				  that the release of the youth would represent a physical danger to the public
				  safety.
Evaluations performed pursuant to Welfare and Institutions Code
					 Sections 1800 and
					 1800.5
					 shall not be performed by a psychiatrist or psychologist who is engaged in a current
					 therapeutic relationship with the youth being evaluated.
Required components for a W&I Code Section
					 1800 evaluation shall include:
(a) Youth Receipt of Information form (DJJ 8.290,
				  11/08), hereby incorporated by reference
(b) Identifying information (i.e., name, date of
				  birth, YA number, county of commitment, ACT date, jurisdiction date, initial
				  admission date, initial commitment date, current housing unit, reason for referral,
				  sources used in the preparation of the report, youth interviews, Treatment Team
				  input and psychological testing if used)
(c) A complete Diagnostic and Statistical Manual
				  of Mental Disorders (DSM) Diagnosis
(d)
				  A Risk Assessment
(e) Definitive
				  statement of support or opposition to pursue W&I Code 1800 Petition
(f) Basis and reasoning for the opinion and causal
				  connection
(g) Date, signature, and
				  title of the psychiatrist or psychologist completing the evaluation
(h) Forensic Evaluation Summary form (DJJ 8.292,
				  08/08) hereby incorporated by reference--signed and dated.
The DJJ Health Care Services (HCS) Welfare and Institutions Code
					 1800 Coordinator--otherwise known as the WIC 1800 Coordinator-- or a designee will
					 forward a copy of the completed and signed W&I Code Section
					 1800 evaluation and case report, if
					 indicated, to the Senior Supervising Psychiatrist, or designee, for review within
					 two (2) business days of receipt of the evaluation.
The Senior Supervising Psychiatrist will return the completed
					 and signed Forensic Evaluation Summary to the DJJ HCS WIC 1800 Coordinator within
					 two (2) business days of receipt.
The DJJ HCS WIC 1800 Coordinator, within two (2) business days
					 of receipt, will ensure that the completed and signed W&I Code Section
					 1800 evaluation and Forensic Evaluation
					 Summary are forwarded as follows: If the conclusion of the evaluation does not
					 support the W&I Code Section
					 1800 petition, then the evaluation and
					 summary are forwarded to the Executive Officer, Juvenile Parole Board (JPB), to
					 determine if the JPB is going to pursue a W&I Code Section
					 1800.5 review. If the conclusion of the
					 evaluation does support the W&I Code Section
					 1800 petition, then the evaluation and
					 summary are forwarded to the Chief Deputy Secretary (CDS) or designee for
					 signature.
The CDS, or designee, will sign and return the memo requesting
					 the filing of a W&I Code Section
					 1800 petition to the DJJ HCS WIC 1800
					 Coordinator within five (5) business days of receipt.
1. Change without
					 regulatory effect adopting chapter 11.1, article 1 (sections
					 31375-31376) and renumbering title 15,
					 section 4190 to title 9, section
					 31375 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						1800
						and
						1800.5,
						Welfare and Institutions Code.