§ 19-1-107 — Social study and other reports

(1) Unless waived by the court, an
agency designated by the court shall make a social study and report in writing in all
children's cases; except that:

(a) Repealed.

(b) Adoption reports shall be as provided in article 5 of this title.

(2) For the purpose of determining proper disposition of a child, written
reports and other material relating to the child's mental, physical, and social history
may be received and considered by the court along with other evidence; but the
court, if so requested by the child, his parent or guardian, or other interested party,
shall require that the person who wrote the report or prepared the material appear
as a witness and be subject to both direct and cross-examination. In the absence of
such request, the court may order the person who prepared the report or other
material to appear if it finds that the interest of the child so requires.

(2.5) For purposes of determining the appropriate treatment plan in
connection with the disposition of a child who is under six years of age at the time a
petition is filed in accordance with section 19-3-501 (2), the report shall include a
list of services available to families that are specific to the needs of the child and
the child's family and that are available in the community where the family resides.
The report shall establish a priority of the services if multiple services are
recommended. The services may include, but are not limited to, transportation
services, family time services, psychological counseling, drug screening and
treatment programs, marriage and family counseling, parenting classes, housing
and day care assistance, and homemaker services.

(3) In a case where placement out of the home is recommended, the social
study required by subsection (1) of this section must include the cost of the
recommended placement and an evaluation for placement containing the
information required by section 19-1-115 (8)(e). The department of education and the
department of human services shall jointly develop placement criteria, and, in the
case of matters involving juvenile delinquency, the criteria must be in accordance
with the criteria for the placement of juveniles specified in section 19-2.5-1404.
Such criteria must be used by the agency designated by the court to determine its
recommendation about the need for placement.

(4) The court shall inform the child, his parent or legal guardian, or other
interested party of the right of cross-examination concerning any written report or
other material as specified in subsection (2) of this section.

Legislative History

Source: L. 87: Entire title R&RE, p. 701, � 1, effective October 1. L. 93: (3) amended, p. 1546, � 1, effective July 1; (3) amended, p. 1134, � 65, effective July 1, 1994. L. 94: (2.5) added, p. 2051, � 2, effective July 1. L. 97: (3) amended, p. 1441, � 17, effective July 1. L. 2005: (3) amended, p. 766, � 29, effective June 1. L. 2008: (3) amended, p. 1891, � 60, effective August 5. L. 2015: IP(1) and (3) amended and (1)(a) repealed, (SB 15-099), ch. 99, p. 290, � 3, effective August 5. L. 2021: (3) amended, (SB 21-059), ch. 136, p. 726, � 61, effective October 1. L. 2023: (2.5) amended, (HB 23-1027), ch. 284, p. 1680, � 6, effective June 1.