Frequently Asked Questions (FAQs)
Courtrooms
How long after its referral should I expect an evaluation to be submitted to the Court?
Consistent with the statutes governing the majority of our evaluations, the FEC’s policy is to submit all completed reports to the Court within 30 days of receiving the referral, barring extenuating circumstances (e.g., delay in receipt of necessary collateral information, Court closures, defendant missing scheduled appointment).
What should I do if the Court is seeking a type of evaluation that is not listed on the referral form?
If the type of evaluation sought is not on the referral form (or listed on this website), it is more likely than not that we are unable to accommodate this request. However, we encourage you to call our office, at (216) 443-7330, to inquire. We will do our best to provide guidance on alternate solutions.
Can we refer for specific psychological testing?
The FEC’s sole function is to answer specific psycholegal questions for the Court. Regardless of evaluation type, our examiners always consider if/what psychological testing may be necessary to answer the Court’s question. Because we do not conduct general psychodiagnostic assessments and there are nuanced ethical and practical considerations for the use of psychological testing in a forensic context, we respectfully ask that you do not make requests for specific instruments. While we always aim to ensure it is clear in our written products why testing was or was not used for a particular evaluation, if you have outstanding questions about the procedures or sources of information utilized for an evaluation, our examiners are available for testimony.
How does an evaluator complete a report if records are requested but not received?
Consistent with OAC 5122-29-07 and best practices in forensic mental health assessment, FEC evaluators strive to provide opinions that integrate data from as many relevant sources as feasible and do not rely solely on self-report when collateral information is available. While the interview with the examinee is the crux of most evaluations, collateral information may be useful for a number of reasons. At times, collateral information is simply not available or requested records do not arrive by the time a report is submitted to the Court. However, consistent with the OAC and professional ethics, FEC evaluators do not provide opinions to the Court unless they have sufficient information to do so. This means that any submitted report is considered complete, and has included all the data that was considered relevant and necessary to provide a forensic opinion, as well as documentation of any data sought but not obtained (for transparency purposes). Stated differently, in the event requested records were not received but a report was submitted to the Court, it was the examiner’s professional opinion they had enough information to render a forensic opinion without the additional collateral information.
Attorneys
How do I refer a client to the FEC for a forensic mental health assessment?
The FEC only conducts court-ordered forensic evaluations for adult defendants—or juveniles bound over to adult court—who are facing felony-level charges in the Cuyahoga County Common Pleas Court. Defendants evaluated at the FEC may be in custody at the Cuyahoga County Corrections Center or residing in the community.
For a defendant to be evaluated at the FEC, they must (1) have an attorney (appointed or retained), (2) have already met with their attorney, and (3) be referred to the FEC by Court Order (Journal Entry), through the requisite procedures.
Attorneys, if you have questions about the evaluation procedure, are unsure whether your client needs a forensic mental health assessment, which referral would be most appropriate, and/or whether the FEC can address your evaluation needs or a private evaluator would be more appropriate, please call our office at (216) 443-7330.
My client has been referred to the FEC for an evaluation and I have collateral records (e.g., medical, school records) I would like to share with their evaluator. What should I do?
Attorneys are encouraged to share collateral information they would like the FEC to have access to as part of their client’s forensic evaluation, ideally, prior to the defendant’s scheduled evaluation appointment. Should you have records or contact information you want the evaluator to have, please call our front desk at (216) 443-7330, and a member of our office administrative staff will provide you guidance on how to get this information to us as quickly as possible.
Please note, the type and amount of collateral information necessary to render a forensic opinion is case-specific. Evaluators, therefore, may be selective about the information they want to receive and/or include in their final report. (Please see, “How does the FEC decide what is relevant to include in a report?” under General FAQs for more information.)
My client is currently in custody in a different jurisdiction and/or is unable to present to the FEC for an evaluation (e.g., in a nursing home, hospital). Can I still refer them to the FEC?
At present, the FEC only evaluates defendants who have felony cases in the Cuyahoga County Common Pleas Court who are housed in the Cuyahoga County Jail or residing in the community. Defendants residing in the community must be able to present in-person to the FEC for their evaluation. Because the FEC is a department of the Cuyahoga County Common Pleas Court, we are unable to provide services for other jurisdictions. The only time we travel to an outside facility to conduct a court-ordered evaluation is for Movement to Non-Secured Status evaluations, as persons requiring these evaluations are often residing in one of the State’s designated facilities (e.g., Northcoast Behavioral Healthcare, Warrensville Developmental Center). Specific allowance and procedures for travel for these evaluations have been agreed upon by the FEC and Court Administration. Requests for travel otherwise are not currently feasible.
I referred my client for an evaluation. How do I know when it is scheduled for and if they attended?
Please contact our front desk at (216) 443-7330 and a member of the FEC administrative staff will provide you with details about the evaluation they are permitted to share. Additionally, if your email address is updated in CCJIS, you may receive an email alerting you to when your client’s evaluation is scheduled. If a defendant does not show for their appointment, an email and/or letter is typically sent to the courtroom.
The defendant has already been evaluated by a private forensic examiner. Can the FEC provide a second opinion?
The FEC serves the Court, rather than a specific party (prosecution or defense). To maintain our objectivity and ability to provide the Court with an unbiased, independent opinion, we respectfully request that if a first opinion was obtained in the community, that the second opinion also be obtained from a private examiner in the community. Please note this is also the FEC’s preference for second opinion evaluations even when the initial opinion originated in the FEC. We are uniquely situated to provide neutral, objective opinions when providing the first opinion on a specific psycholegal issue, as we are the Court’s expert at that point. However, when one party or the other disagrees with the first opinion and wants a second opinion, that unintentionally, but inherently, makes us that party’s expert and can impact our objectivity. Additionally, we have a small staff of forensic examiners available to conduct evaluations, such that requesting our services for second opinions poses numerous practical and logistical challenges.
Defendants
How do I get a copy of records (e.g., forensic report) for a defendant seen in the FEC?
The FEC’s evaluations are court-ordered. Therefore, our work product is owned by the Court. This means we are not at liberty to share any documents produced in the context of a forensic evaluation (e.g., a forensic report) with any party without explicit permission from the judge presiding over the relevant defendant’s case. We cannot provide copies of forensic reports or other evaluation materials directly to a defendant. It is recommended requests for such records are made by an attorney and directed through the Court.
Additionally, although FEC examiners may request and obtain educational, medical, and/or mental health records for an evaluation, the FEC is not the arbiter of these records (i.e., does not own those records), and therefore, cannot share them with requesting parties. That is, the defendant holds the privilege of having a relevant facility (e.g., hospital) release their records to a third party (e.g., the FEC). When a defendant signs a Release of Information (ROI) for a FEC evaluator to obtain certain records for the purpose of their evaluation, the records cannot be used for any other purposes or be transmitted to any other party by the FEC. Defendants, attorneys, and other persons who are seeking the defendant’s records are instructed to request these directly from the source of the records (e.g., hospital, school).
What are my rights as a defendant being seen in the FEC?
Pursuant to OAC 5122-26-18, all persons who receive forensic evaluation services in the FEC have certain rights, outlined in OAC 5122-26-18. Please refer to this Code for the full list of rights. Alternatively, the FEC’s Informed Participation and Explanation of Client Rights form is hyperlinked here, and is also posted in the FEC.
Can someone accompany me to my evaluation (e.g., my attorney, a family member)?
The FEC prides itself on providing high-quality, evidence-based, objective forensic evaluations. This means that our evaluation procedures have been thoughtfully developed to comply with the law, professional ethics, relevant research, and authoritative guidelines pertaining to best practices in forensic mental health assessment. Part of this entails restrictions on third party observers, as data indicate having an outside party present may negatively impact the evaluation process.
We encourage defendants to consult their attorneys before their scheduled evaluation so that they may ask any questions about the evaluation process (e.g., its purpose, what to expect). However, should a defendant wish to consult their attorney at any point during the evaluation procedure to ask them about the evaluation process, they have the right to do so.
Of course, defendants currently residing in the community are welcome to present to the appointment with their attorney, a loved one, or the like, and FEC staff will happily answer any questions they may have. If the evaluator needs to interview someone who accompanied the defendant to the evaluation, they may meet with them separately after concluding their interview with the defendant or at a later date via telephone.
The above policies also apply to juveniles being tried as adults and any other persons with legal guardians referred to the FEC for a forensic evaluation.
Do I need to bring anything with me to my appointment?
You are not required to bring anything with you to the appointment. However, if you are currently obtaining medical or mental health treatment in the community, it may be helpful to your evaluator if you have the names and dosages of your current medications, as well as the name and contact information for providers/facilities from whom you are receiving treatment.
General
How does the FEC decide what is relevant to include in a report?
In the context of a forensic mental health assessment, there are numerous authoritative sources that define what is considered “relevant” information. This includes: (a) the Federal and Ohio Rules of Evidence; (b) requirements for forensic reports and specific types of evaluations per the Ohio Revised Code; (c) professional ethics (e.g., Specialty Guidelines for Forensic Psychology); and (d) authoritative sources on best practices in forensic mental health assessment (e.g., peer-reviewed research, published textbooks).
What is considered relevant for a general psychodiagnostic or clinical assessment conducted by a community provider differs greatly from what is considered relevant for a forensic evaluation. Especially in the context of court-ordered evaluations where reports are shared with all parties, it is the duty of forensic examiners to limit the scope of our inquiries and the content of our reports to only what is necessary to answer the psycholegal issue at hand. Including irrelevant information may cause unnecessary harm, be prejudicial or biasing, embarrass the examinee, reduce the clarity of a report, or be misleading. Being mindful about only including relevant information upholds the examinee’s privacy and promotes a fair, reliable legal process.
Does the FEC provide treatment (e.g., therapy, psychiatric medications, competency restoration)?
No. The FEC’s sole purpose is to complete court-ordered forensic mental health assessments for felony-level defendants of Cuyahoga County. These are specialized evaluations, conducted pursuant to law or Local Rule, that answer a specific psycholegal question to aid the trier of fact in their decision making about the relevant matter. The FEC does not provide any treatment services.
Likewise, the FEC does not conduct general mental health/diagnostic evaluations or evaluations for the purpose of obtaining treatment (e.g., service eligibility, linkage to services).
I’m interested in the FEC’s work or want to learn more about forensics, who should I contact?
We love the work we do at the FEC and welcome opportunities to tell others about it! While we have designed our webpage to provide a thorough overview of our services, if you still have questions after exploring the various links and resources on this page, please call our office at (216) 443-7330 and you will be directed to the best person to assist you.
Can the FEC provide information about a defendant’s status or legal proceedings?
The FEC can only provide information about whether a defendant has been evaluated by the FEC in the past or is scheduled for an upcoming evaluation to the defendant’s current attorney. Results of past/current evaluations cannot be shared with attorneys over the phone. They are directed to the presiding courtroom to request a copy of any reports in which they are interested. When other parties are inquiring, in efforts to protect defendants’ privacy and uphold the integrity of the legal process, the FEC will direct such parties to public sources (e.g., the online docket) to seek such information for themselves.