Section 1910.130  Evaluation

a)         Juveniles who have been adjudicated for a sexual offense or for whom a continuance under supervision has been entered as a result of a sexual offense shall have a comprehensive evaluation.

b)         The evaluation of juveniles who have committed sexual offenses has the following purposes:

1)         To assess overall risk to the community;

2)         To provide protection for victims and potential victims;

3)         To provide a written clinical summary of the juvenile's strengths, risks, deficits, including any and all co-morbid conditions or developmental disorders;

4)         To identify and document treatment and developmental needs;

5)         To determine amenability for treatment;

6)         To identify individual differences, potential barriers to treatment, and static and dynamic risk factors;

7)         To make recommendations for the management and supervision of the juvenile; and

8)         To provide information that can help identify the type and intensity of community based treatment, or the need for a more restrictive setting.

c)         The evaluator shall describe to the juvenile and the parents or guardians

evaluation methods, how the information will be used, with whom it will be shared and the nature of the evaluator's relationship with the juvenile and with the court.

d)         The evaluator shall respect the juvenile's right to be fully informed about the evaluation procedures.

e)         The evaluator shall review the results of the evaluation with the juvenile and the parent or guardian.

f)         The evaluator shall disclose his/her responsibility as a mandated reporter to report suspected or known child abuse to the Department of Children and Family Services and/or to make a referral to law enforcement if additional crimes have been committed by the juvenile being evaluated.

g)         Evaluators shall select evaluation procedures relevant to the individual circumstances of the case and commensurate with their level of training and expertise.

h)         Evaluation methods shall include the use of clinical interviews and procedures, screening level tests, self-report, observational data, advanced psychometric measurements, special testing measures, examination of juvenile justice information, psychological reports, mental health evaluations, school records, details of the offense, including victim statements, and collateral information, including the juvenile's history of sexual offending and/or abusive behavior.  A combination of these shall be used to evaluate juveniles who commit sex offenses.

1)         When clinically-indicated, evaluators may use physiological instruments such as the polygraph, plethysmograph or Abel Assessment so long as the instrument is suited for use with juveniles whose functioning is consistent with that of the juvenile being evaluated.

2)         The provider must consult the MDT prior to the use of physiological instruments for juveniles who have committed sex offenses and are being evaluated.