Rule 8.250 Examinations, Evaluation, and Treatment
Part III: Dependency and Termination of Parental Rights Proceedings
Rule Text
(a) Child. Mental or physical examination of a child may be obtained as provided by law.
(b) Parent, Legal Custodian, or Other Person who has Custody or is Requesting Custody.
(1) Pre-Dependency Adjudication.
(A) Physical or Mental Examination. Before a dependency adjudication, if the mental or physical condition, including the blood group, of a parent, legal custodian, or other person who has custody or is requesting custody of a child is in controversy, any party may request the court to order the person to submit to a physical or mental examination by a qualified professional on a showing of good cause.
(B) Substance Abuse Assessment or Evaluation. Before a dependency adjudication, the court may order a person who has custody or is requesting custody of the child to submit to a substance abuse assessment or evaluation by a qualified professional on a showing of good cause.
(2) Post-Dependency Adjudication.
(A) Physical or Mental Examination. After a dependency adjudication, the court, on request of any party, may require the person who has custody or who is requesting custody of the child to submit to a physical or mental health examination. The order may be made only on good cause shown. The mental health examination must be administered by a qualified professional as defined by law. The court may also require such person to participate in and comply with treatment and services identified as necessary, including, when appropriate and available, participation in and compliance with a mental health court program established by law.
(B) Substance Abuse Assessment or Evaluation. After a dependency adjudication, the court, on request of any party, may require the person who has custody or who is requesting custody of the child to submit to a substance abuse assessment or evaluation. The order may be made only on good cause shown. The substance abuse assessment or evaluation must be administered by a qualified professional as defined by law. The court may also require such person to participate in and comply with treatment and services identified as necessary, including, when appropriate and available, participation in and compliance with a treatmentbased drug court program established by law. Adjudication of a child as dependent based on evidence of harm as defined by law demonstrates good cause, and the court must require the parent whose actions caused the harm to submit to a substance abuse disorder assessment or evaluation and to participate and comply with treatment and services identified in the assessment or evaluation as being necessary.
(3) Notice. The order may be made only after notice to the person to be examined, assessed, or evaluated, and to all parties and must specify the time, place, manner, conditions, and scope of the examination, assessment, or evaluation and the person or persons by whom it is to be made.
(4) Hearing to Quash. The person whose examination, assessment, or evaluation is requested may request a hearing seeking to quash the request after receiving notice of the request. Any written or oral motion must advise the person whose examination, assessment, or evaluation is sought of the person’s right to request a hearing seeking to quash the request.
(5) Court’s Own Motion. The court may, on its own motion and after notice, order a parent, legal custodian, or other person who has custody or is requesting custody to undergo a physical or mental examination or a substance abuse evaluation, or assessment, treatment, or counseling activities as authorized by law and this rule.