An evaluation ordered by the court shall be conducted by a qualified forensic evaluator.

Terms Used In West Virginia Code 49-4-730

  • child: means an individual who meets one of the following conditions:

    (A) Is under thirteen years of age. See West Virginia Code 49-1-202

  • Court: means the circuit court of the county with jurisdiction of the case or the judge in vacation unless otherwise specifically provided. See West Virginia Code 49-1-207
  • Developmental disability: means a severe, chronic disability of a person which:

    (A) Is attributable to a mental or physical impairment or a combination of mental and physical impairments. See West Virginia Code 49-1-205

  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(1) A qualified forensic evaluator shall have education and training in the following areas:

(A) Forensic evaluation procedures for juveniles, including accepted criteria used in evaluating competency;

(B) Evaluation, diagnosis, and treatment of children and adolescents with developmental disability, developmental immaturity, intellectual disability, or mental illness;

(C) Clinical understanding of child and adolescent development; and

(D) Familiarity with competency standards in this state.

(2) The department shall establish procedures for ensuring the training and qualifications of qualified forensic evaluators. Annually, the department shall provide a list of qualified forensic evaluators to the Administrative Office of the Supreme Court of Appeals of West Virginia.