Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies › Section 5122-29-07 - Forensic evaluation service

Current through all regulations passed and filed through July 1, 2024
(A) "Forensic evaluation service" means an
			 evaluation resulting in a written expert opinion regarding a legal issue for an
			 individual referred by a criminal court, domestic relations court, juvenile
			 court, adult parole authority, or other agency of the criminal justice system
			 or a Ohio
			 department of mental health and addiction services (OhioMHAS) operated
			  regional psychiatric hospital. Forensic
			 evaluation service includes all related case consultation and expert testimony.
			 Forensic evaluation service also assists courts and the adult parole authority
			 to address 
								behavioral health legal issues such as those
			 referenced in paragraph (B) of this rule.
(B) Forensic evaluation service addresses
			 
								behavioral health legal issues, including the
			 following:
(1) Competency to stand trial, as
			 defined in division (G)(3) of section
			 2945.371 of the Revised
			 Code;
(2)
									Mental condition at the time of the offense charged,
			 as defined in division (G)(4) of section
			 2945.371 of the Revised
			 Code;
(3) Post-"NGRI" (not guilty
			 by reason of insanity) examination, as defined in division (A) of section
			 2945.40 of the Revised Code:
(4) Presentence, as defined in
			 section 2951.03 of the Revised
			 Code;
(5) Mitigation of penalty, as
			 defined in section 2947.06 of the Revised
			 Code;
(6) Mitigation of death
			 penalty, as defined in section
			 2929.03 of the Revised
			 Code;
(7) Domestic violence
			 evaluation, as defined in section
			 2919.271 of the Revised Code;
(8) Competence to be a witness, as
			 defined in section 2317.01 of the Revised
			 Code;
(9) Adult parole authority,
			 for parole revocation and other legal questions;
(10) Psychological effects of an act upon the
			 victim, as defined in section
			 2930.13 of the Revised
			 Code;
(11) Domestic relations, for
			 custody and visitation;
(12)
			 Juvenile dependency, neglect, delinquency (Ohio rules
			 of juvenile procedure, rule 32), or
			 competency as defined in section
			 2152.53 of the Revised
			 Code; ; or waiver to adult court,
			 as defined in division (C) of section
			 2152.12 of the Revised
			 Code
									;
(13) Battered woman
			 syndrome, as defined in section
			 2945.392 of the Revised
			 Code;
(14) Violation of
			 anti-stalking protection order, as defined in section
			 2903.212 of the Revised Code;
(15)
									Intervention in lieu of conviction, as defined in
			 section 2951.041 of the Revised
			 Code;
(16) Non-secured status, as
			 defined in section 2945.401 of the Revised
			 Code;
(17) Post sentence
			 evaluation-probation or parole for involuntary
			 commitment, as defined in section
			 2967.22 of the Revised Code;
			 or,
(18)
			 Juvenile competency evaluation for serious youthful offenders, as defined in
			 
									division
			 (C)(2) of section
									
										2152.13
									 of the Revised
			 Code.