Free Order Deciding Motion to File Petition without Evalution Report - West Virginia

IN THE CIRCUIT COURT OF _______________ COUNTY, WEST VIRGINIA

IN RE: ___________________________________________ AN ALLEGED PROTECTED PERSON

CASE NUMBER ___________ - G - __________

ORDER REGARDING MOTION FOR LEAVE TO FILE PETITION WITHOUT EVALUATION REPORT
[West Virginia Code: § 44A-2-3]

ON THIS ________ day of ________________________, 20________, came the Petitioner in the above captioned cause, __________________________________________, and respectfully moved that the Petitioner be granted leave to file the Petition in this matter without the evaluation report required by West Virginia Code: § 44A-2-3. Based upon the motion hereinbefore filed and the arguments of the Petitioner and/or Petitioner's counsel, if applicable, the Court hereby finds as follows: The Petitioner [check applicable finding] __________ has __________ has not demonstrated good cause for filing the Petition without the required evaluation report. ACCORDINGLY, it is hereby ORDERED [check applicable spaces]:
__________ The motion of the Petitioner to file the Petition without the necessary evaluation report required by West Virginia Code: § 44A-2-3 is hereby DENIED and the Clerk of this Court shall take no further action on said Petition until said report has been duly and properly filed as required by law. The motion of the Petitioner to file the Petition without the necessary evaluation report required by West Virginia Code: § 44A-2-3 is hereby GRANTED and the Clerk of this Court shall accept and file the Petition in this matter without the required evaluation report. In addition thereto, it is further ORDERED that the required evaluation and assessment shall be performed by _________________________________________________, a licensed physician/psychologist, who shall prepare a report based thereon and file the same with this Court as required by § 44A-2-3. Upon the filing of said evaluation report with this Court and this Court's scheduling of the hearing, the Clerk of this Court shall promptly issue notice thereon as required by West Virginia Code: § 44A-2-6.

__________

SCA-CG 901O / 6-94

_________________________________________________ JUDGE OF THE CIRCUIT COURT