Cal. Code Regs. tit. 9, § 31375 – Evaluation Process.

(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.

A psychologist or psychiatrist completing a Welfare and Institutions (W&I) Code Section 1800 evaluation shall:

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1800 and 1800.5, Welfare and Institutions Code.

History

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).