I have a case in which the juvenile is charged with aggravated sexual assault of a child under 14 for doing some untoward things to the victim in the church restroom.
I would like to have the juvenile examined to assess whether he is a sexual predator or just a pubescent boy who made a really bad choice in exploring his sexuality. My purpose is to try to decide how we should proceed regarding disposition. The juvenile's attorney is amenable to this.
Does anyone have a motion that they have used in this type of situation? If so, would you be willing to share it with me? My fax number is (806) 291-5308. Thanks!
I'll fax you a copy of our form. On this same topic, is this a practice that is common throughout jurisdictions? We have historically asked for a psych in almost all sexual offenses without objection. recently, counsel opposed our motion and the judge denied based on the fact that the basis for our psych was a mere allegation. Since this will almost always be the case our ability to get psychs seems to be nearly nonexistent. Does anyone have any arguments that could support our position? We're not using these psychs solely for out benefit but to decide what an appropriate course of action would be with the juvenile.
We've done sex pshcys in every jurisdiction I've been in juvenile.
I've had few defense attys protest the eval especially since our office policy has been that the offender must register as a sex offender unless we get an eval that makes us feel more comfortable with some other rec.
It appears from the original post that the juvenile is CHARGED, not found to have engaged in delinquent conduct. I had a case where the defense attorney objected to an order for a psych eval when there was an allegation, but no petition had been filed, and the juvenile had 15+ alibi witnesses, including a prosecutor. In that case it seemed unreasonable to insist on the eval before any adjudication, so it ended up being dropped. It is probably fine to ask for the evals, but I don't know that you have a lot of leverage when there is an objection, especially when no petition has been filed, or when a petition has been filed but there are legitimate question regarding whether or not any offense occurred.
FYI - if a juvenile evaluation under 51 or a Chapter 55 proceeding involves fitness to proceed, then the requirements of CCP 46B apply viz. selection of an expert for that purpose.
Tex. Fam. Code 51.20(a)
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