Investigation and report concerning custodial arrangements for
child
Sec. 12. (a) In custody proceedings after evidence is submitted
upon the petition, if a parent or the child's custodian so requests, the
court may order an investigation and report concerning custodial
arrangements for the child. The investigation and report may be
made by any of the following:
(1) The court social service agency.
(2) The staff of the juvenile court.
(3) The local probation department or the county office of
family and children.
(4) A private agency employed by the court for the purpose.
(5) A guardian ad litem or court appointed special advocate
appointed for the child by the court under IC 31-17-6 (or
IC 31-1-11.5-28 before its repeal).
(b) In preparing a report concerning a child, the investigator may
consult any person who may have information about the child and
the child's potential custodian arrangements. Upon order of the court,
the investigator may refer the child to professional personnel for
diagnosis. The investigator may consult with and obtain information
from medical, psychiatric, or other expert persons who have served
the child in the past without obtaining the consent of the parent or the
child's custodian. However, the child's consent must be obtained if
the child is of sufficient age and capable of forming rational and
independent judgments. If the requirements of subsection (c) are
fulfilled, the investigator's report:
(1) may be received in evidence at the hearing; and
(2) may not be excluded on the grounds that the report is
hearsay or otherwise incompetent.
(c) The court shall mail the investigator's report to counsel and to
any party not represented by counsel at least ten (10) days before the
hearing. The investigator shall make the following available to
counsel and to any party not represented by counsel:
(1) The investigator's file of underlying data and reports.
(2) Complete texts of diagnostic reports made to the
investigator under subsection (b).
(3) The names and addresses of all persons whom the
investigator has consulted.
(d) Any party to the proceeding may call the investigator and any
person whom the investigator has consulted for cross-examination.
A party to the proceeding may not waive the party's right of
cross-examination before the hearing.
As added by P.L.1-1997, SEC.9.
Last modified: May 24, 2006