2006 Code of Virginia § 37.2-1005 - Evaluation report

37.2-1005. Evaluation report.

A. A report evaluating the condition of the respondent shall be filed withthe court and provided to the guardian ad litem within a reasonable timeprior to the hearing on the petition. The report shall be prepared by one ormore licensed physicians or psychologists or licensed professionals skilledin the assessment and treatment of the physical or mental conditions of therespondent as alleged in the petition. If a report is not available, thecourt may proceed to hold the hearing without the report for good cause shownand absent objection by the guardian ad litem or may order a report and delaythe hearing until the report is prepared, filed, and provided to the guardianad litem.

B. The report shall evaluate the condition of the respondent and shallcontain, to the best information and belief of its signatory:

1. A description of the nature, type, and extent of the respondent'sincapacity, including the respondent's specific functional impairments;

2. A diagnosis or assessment of the respondent's mental and physicalcondition, including a statement as to whether the individual is on anymedications that may affect his actions or demeanor, and, where appropriateand consistent with the scope of the evaluator's license, an evaluation ofthe respondent's ability to learn self-care skills, adaptive behavior, andsocial skills and a prognosis for improvement;

3. The date or dates of the examinations, evaluations, and assessments uponwhich the report is based; and

4. The signature of the person conducting the evaluation and the nature ofthe professional license held by that person.

C. In the absence of bad faith or malicious intent, a person performing theevaluation shall be immune from civil liability for any breach of patientconfidentiality made in furtherance of his duties under this section.

D. A report prepared pursuant to this section shall be admissible as evidenceof the facts stated therein and the results of the examination or evaluationreferred to therein, unless counsel for the respondent or the guardian adlitem objects.

(1997, c. 921, 37.1-134.11; 2005, c. 716.)