RULE 8.250. EXAMINATIONS, EVALUATION, AND
TREATMENT

(a) Child. Mental or physical examination of a child may be
obtained as provided by law.

(b) Parent, Legal Custodian, or Other Person who has
Custody or is Requesting Custody.

(1) Pre-Dependency Adjudication.

(A) Physical or Mental Examination. Before a
dependency adjudication, if the mental or physical condition,
including the blood group, of a parent, legal custodian, or other
person who has custody or is requesting custody of a child is in
controversy, any party may request the court to order the person to
submit to a physical or mental examination by a qualified
professional on a showing of good cause.

(B) Substance Abuse Assessment or Evaluation.
Before a dependency adjudication, the court may order a person
who has custody or is requesting custody of the child to submit to a
substance abuse assessment or evaluation by a qualified
professional on a showing of good cause.
(2) Post-Dependency Adjudication.
(A) Physical or Mental Examination. After a
dependency adjudication, the court, on request of any party, may
require the person who has custody or who is requesting custody of
the child to submit to a physical or mental health examination. The
order may be made only on good cause shown. The mental health
examination must be administered by a qualified professional as
defined by law. The court may also require such person to
participate in and comply with treatment and services identified as
necessary, including, when appropriate and available, participation
in and compliance with a mental health court program established
by law.
(B) Substance Abuse Assessment or Evaluation.
After a dependency adjudication, the court, on request of any party,
may require the person who has custody or who is requesting
custody of the child to submit to a substance abuse assessment or
evaluation. The order may be made only on good cause shown. The
substance abuse assessment or evaluation must be administered
by a qualified professional as defined by law. The court may also
require such person to participate in and comply with treatment
and services identified as necessary, including, when appropriate
and available, participation in and compliance with a treatment-
based drug court program established by law. Adjudication of a
child as dependent based on evidence of harm as defined by law
demonstrates good cause, and the court must require the parent
whose actions caused the harm to submit to a substance abuse
disorder assessment or evaluation and to participate and comply
with treatment and services identified in the assessment or
evaluation as being necessary.
(3) Notice. The order may be made only after
notice to the person to be examined, assessed, or evaluated, and to
all parties and must specify the time, place, manner, conditions,
and scope of the examination, assessment, or evaluation and the
person or persons by whom it is to be made.

(4) Hearing to Quash. The person whose
examination, assessment, or evaluation is requested may request a
hearing seeking to quash the request after receiving notice of the
request. Any written or oral motion must advise the person whose
examination, assessment, or evaluation is sought of the person’s
right to request a hearing seeking to quash the request.

(5) Court’s Own Motion. The court may, on its own
motion and after notice, order a parent, legal custodian, or other
person who has custody or is requesting custody to undergo a
physical or mental examination or a substance abuse evaluation, or
assessment, treatment, or counseling activities as authorized by law
and this rule.
Committee Notes
1991 Amendment. This rule allows any party to request an
evaluation but provides a mechanism for a hearing to quash the
request.