§ 26-2A-114 — Investigation and Report

Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following:
(1) Conduct interviews with the following:
a. The ward
b. All petitioners.
c. The relatives of the ward.
d. To the extent practical, neighbors and, if known, close friends of the ward.
(2) Inform the ward of the contents of the petition.
(3) Determine whether the ward has the capacity to consent to the requested visitation.
(4) Determine whether the ward desires the proposed visitation.
(5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive.
(6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following:
a. The petitioner or his or her attorney, if any.
b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation.
c. The guardian.
d. Any other person as the court orders.
(7) The report required by this section is confidential and shall be made available only to the parties, persons described in subdivision (6), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court.
(8) If the court investigator has performed an investigation within the preceding 12 months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.

Legislative History

(Act 2016-404, §2.)