VA Magistrate ECO/TDO ACTUAL
UPDATED QUESTIONS AND CORRECT
ANSWERS
Purpose of ECO - CORRECT ANSWERS✅✅to obtain a face to face meeting between a
professional evaluator and a person thought to be mentally ill
Findings for adults - CORRECT ANSWERS✅✅-Location - M's region
-Mental Illness - do not need pro. diagnosis; substance abuse counts
-Harm - substantial likelihood in near future (passive or active)
-Hospitalization/treatment needed
-No consent given - cannot or will not; ECO trumps AdMedDir
Findings for minors - CORRECT ANSWERS✅✅-Mental Illness
-Harm - danger to self or others OR can't care for himself in age appropriate manner
-Needs compulsory treatment
-Reasonably likely to benefit from the proposed treatment.
-CONSENT IS NOT FACTOR FOR MINORS!!
Evidence admissible? - CORRECT ANSWERS✅✅i. Hearsay is admissible
ii. Magistrate has the authority to receive and review medical records
iii. Magistrate needs to base decision on facts, not the conclusions of the petitioner.
Authority to issue ECO? - CORRECT ANSWERS✅✅Unique to Magistrates
Returnable? - CORRECT ANSWERS✅✅GDC for adults; JDR for minors
Venue? - CORRECT ANSWERS✅✅where R resides OR where R located at beginning of
proceedings. (For adults only --> where ultimately located as well)
, Who can initiate adult ECO? - CORRECT ANSWERS✅✅Sworn petition:
i. A CSB worker
ii. A treating physician
iii. A law enforcement officer (LEO)
iv. A family member under 37.2-100
1. Spouse
2. Person living in same house
3. Dependents
4. By extension, other family, step-family, in-laws
v. Other responsible person (a big loophole)
1. Any mature, discerning person
vi. On the magistrate's own motion
Who can initiate minor ECO? - CORRECT ANSWERS✅✅On mag own motion
Sworn petition:
-parent
-treating physician
-IF parents unwilling/unable to petition --> any responsible adult can.
NOTE: an adult having custody of minor in detention/shelter pursuant to JDR order = always
responsible. (if in detention/shelter, petition should include charges that are basis of
detention, parents name and addresses and the JDR court that placed the minor in detention)
Who/where performs evaluation? - CORRECT ANSWERS✅✅local CSB or their designee
at a convenient location. Mag must specify in order.
When shall mag authorize transport to med facility? - CORRECT ANSWERS✅✅-necessary
emergency medical care
-when facility requires such an evaluation prior to admission
Selection of LEA - CORRECT ANSWERS✅✅primary LEA for jurisdiction served by the
CSB performing eval. (if CSB serves more than one locality, where R in custody/presently
located)
UPDATED QUESTIONS AND CORRECT
ANSWERS
Purpose of ECO - CORRECT ANSWERS✅✅to obtain a face to face meeting between a
professional evaluator and a person thought to be mentally ill
Findings for adults - CORRECT ANSWERS✅✅-Location - M's region
-Mental Illness - do not need pro. diagnosis; substance abuse counts
-Harm - substantial likelihood in near future (passive or active)
-Hospitalization/treatment needed
-No consent given - cannot or will not; ECO trumps AdMedDir
Findings for minors - CORRECT ANSWERS✅✅-Mental Illness
-Harm - danger to self or others OR can't care for himself in age appropriate manner
-Needs compulsory treatment
-Reasonably likely to benefit from the proposed treatment.
-CONSENT IS NOT FACTOR FOR MINORS!!
Evidence admissible? - CORRECT ANSWERS✅✅i. Hearsay is admissible
ii. Magistrate has the authority to receive and review medical records
iii. Magistrate needs to base decision on facts, not the conclusions of the petitioner.
Authority to issue ECO? - CORRECT ANSWERS✅✅Unique to Magistrates
Returnable? - CORRECT ANSWERS✅✅GDC for adults; JDR for minors
Venue? - CORRECT ANSWERS✅✅where R resides OR where R located at beginning of
proceedings. (For adults only --> where ultimately located as well)
, Who can initiate adult ECO? - CORRECT ANSWERS✅✅Sworn petition:
i. A CSB worker
ii. A treating physician
iii. A law enforcement officer (LEO)
iv. A family member under 37.2-100
1. Spouse
2. Person living in same house
3. Dependents
4. By extension, other family, step-family, in-laws
v. Other responsible person (a big loophole)
1. Any mature, discerning person
vi. On the magistrate's own motion
Who can initiate minor ECO? - CORRECT ANSWERS✅✅On mag own motion
Sworn petition:
-parent
-treating physician
-IF parents unwilling/unable to petition --> any responsible adult can.
NOTE: an adult having custody of minor in detention/shelter pursuant to JDR order = always
responsible. (if in detention/shelter, petition should include charges that are basis of
detention, parents name and addresses and the JDR court that placed the minor in detention)
Who/where performs evaluation? - CORRECT ANSWERS✅✅local CSB or their designee
at a convenient location. Mag must specify in order.
When shall mag authorize transport to med facility? - CORRECT ANSWERS✅✅-necessary
emergency medical care
-when facility requires such an evaluation prior to admission
Selection of LEA - CORRECT ANSWERS✅✅primary LEA for jurisdiction served by the
CSB performing eval. (if CSB serves more than one locality, where R in custody/presently
located)
