§ 31-17-2-12 — Investigation and report concerning custodial arrangements for child

Indiana § 31-17-2-12

• Jurisdiction: Indiana
• Art. 17: FAMILY LAW: CUSTODY AND VISITATION
• Ch. 2: Actions for Child Custody and Modification of Child

Text

(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, if the child is the subject
of a child in need of services case under IC 31-34, the department
of child services.
(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.
[Pre-1997 Recodification Citation: 31-1-11.5-22(a), (b),
(c).]

Legislative History

As added by P.L.1-1997, SEC.9. Amended by P.L.146-2008, SEC.558.