13303-Evaluations Pursuant to Penal Code 1001 20 et seq Diversion

Link to TCADD Policy 13301

SCOPE:

This procedure applies to all employees of Tri-Counties Regional Center.

Tri-Counties Regional Center will evaluate and recommend appropriate case planning pursuant to requests for diversion evaluations on behalf of individuals served by Tri-Counties Regional Center. Tri-Counties Regional Center will also evaluate eligibility for individuals not known to the Regional Center pursuant to a request from the court for a diversion evaluation. Tri-Counties Regional Center will evaluate for eligibility those individuals residing within the catchment area relative to a request from a court for diversion evaluation. Individuals whose legal residence is outside of the Tri-Counties Regional Center catchment area will be referred to the appropriate Regional Center of residence for completion of a diversion evaluation.

 PROCEDURE:

1. General guidelines:

1. The diversion report includes:
   1. A statement that the individual has a “cognitive developmental disability” (as required by Penal Code 1001.2);
   2. A statement that the individual is eligible for Regional Center services;
   3. A recommendation regarding the appropriateness of the diversion; and
   4. A proposed diversion plan, preferably dual agency diversion plan.
2. The service coordinator’s report is reviewed by the Interdisciplinary Team including the Tri-Counties Regional Center contract attorney, and the responsible Services & Supports Manager prior to submission to the court.
3. Upon finalizing the diversion report, copies are sent to the Clients’ Rights Advocate, the probation office and/or the district attorney’s office, and the defense counsel.
4. The Tri-Counties Regional Center service coordinator and Tri-Counties Regional Center contracted attorney, if available, attends the court hearing in order to represent both the individual and the Regional Center regarding continued supports and services available.
5. Case documentation and planning is maintained in accordance with court ordered documentation and Tri-Counties Regional Center Service Policies and Procedures regarding documentation and service planning.
6. During the course of diversion assessment and fact finding, the service coordinator maintains contact with the Clients’ Rights Advocate, probation and/or district attorney’s office and defense counsel to coordinate efforts on behalf of the individual, respecting the attorney-client privilege.
7. During the course of the evaluation and assessment, the service coordinator and/or Tri-Counties Regional Center contracted attorney, maintains contact with the defense counsel to coordinate efforts on behalf of the individual. Communication may also be necessary to assure that the individual has suitable housing that assures the provision of safety, treatment, care, protection from danger and comfort of the individual.

2. Individuals Known to Tri-Counties Regional Center:
3. Upon receipt of a court order requesting evaluation under Penal Code §1001.20, the service coordinator and/or Tri-Counties Regional Center contracted attorney:

2. Sends a letter to the court acknowledging receipt of the request;
3. Ensures that the evaluation is completed within 25 judicial days of the court order;
4. Ensures that the diversion evaluation report includes:
   1. A statement that the individual has a “cognitive developmental disability” (as required by Penal Code 1001.2);
   2. A statement that the individual is eligible for Regional Center services;
   3. A recommendation regarding the appropriateness of the diversion; and,
   4. A proposed diversion plan, preferably a dual agency diversion plan.
5. The service coordinator’s diversion evaluation report is reviewed by the Interdisciplinary Team, including the Tri-Counties Regional Center contract attorney, and the responsible Services & Supports Manager.
6. Upon finalizing the diversion report, copies are sent to the Clients’ Rights Advocate, the probation office and/or the district attorney’s office, and the defense counsel.

3. Individuals Not Known to Tri-Counties Regional Center:

3. Tri-Counties Regional Center initiates an intake evaluation for those individuals whose legal residence is within the Tri-Counties Regional Center catchment area.
4. Tri-Counties Regional Center also provides a courtesy evaluation upon request from another Regional Center and forwards recommendations to the requesting Regional Center for submission to the court of jurisdiction.
5. A service coordinator is assigned to complete the evaluation for eligibility and make appropriate determinations relative to the requested diversion plan.
6. Should the Regional Center of responsibility be located elsewhere, the service coordinator initiates referral to the Regional Center. The name, address and phone number for the responsible Regional Center is identified and forwarded to the court. Tri-Counties Regional Center will not complete an evaluation for diversion unless requested by the responsible Regional Center or so ordered by the court.
7. The service coordinator or Services & Supports Manager makes a report to the court stating that the individual is not known to the Regional Center and that an evaluation will proceed, if Tri-Counties Regional Center is the responsible Regional Center.
8. The service coordinator or manager advises the local Clients’ Rights Advocate of the request for a competency evaluation on an individual not known to the Regional Center.
9. The service coordinator and Clients’ Rights Advocate take action as considered necessary to assure the safety and protection of the individual.
10. The Tri-Counties Regional Center intake evaluation is completed in accordance with Tri-Counties Regional Center Policies and Procedures.
11. The service coordinator completes the diversion report in accordance with the court order and general guidelines above.

Revision Date: October 7, 2022