                                 CODE OF VIRGINIA

EVALUATION REPORT; FILED IN SEPARATE CONFIDENTIAL ADDENDUM (§ 64.2-2005)

A. A report evaluating the condition of the respondent shall be filed with the
court in a separate confidential addendum and provided, within a reasonable time
prior to the hearing on the petition, to the guardian ad litem, the respondent,
and any other person or entity that becomes a party to the action. The report
shall be prepared by one or more licensed physicians or psychologists or
licensed professionals skilled in the assessment and treatment of the physical
or mental conditions of the respondent as alleged in the petition. If a report
is not available, the court may proceed to hold the hearing without the report
for good cause shown, absent any objection by the guardian ad litem, or may
order a report and delay the hearing until the report is prepared, filed, and
provided.

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

   1. A description of the nature, type, and extent of the respondent&#8217;s
   incapacity, including the respondent&#8217;s specific functional impairments;

   2. A diagnosis or assessment of the respondent&#8217;s mental and physical
   condition, including a statement as to whether the individual is on any
   medications that may affect his actions or demeanor, and, where appropriate
   and consistent with the scope of the evaluator&#8217;s license, an evaluation
   of the respondent&#8217;s ability to learn self-care skills, adaptive
   behavior, and social skills and a prognosis for improvement;

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

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

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

D. A report prepared pursuant to this section shall be admissible as evidence in
open court of the facts stated in the report and the results of the examination
or evaluation referred to in the report, unless counsel for the respondent or
the guardian ad litem objects.

HISTORY: 1997, c. 921, § 37.1-134.11; 2005, c. 716, § 37.2-1005; 2012, c. 614;
2014, c. 402; 2023, c. 16.