§ 750 — Probation reports; probation investigation and diagnostic assessment

New York § 750

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Hearings
• Art. 7: Proceedings Concerning Whether a Person Is In Need of Supervision

Text

§ 750. Probation reports; probation investigation and diagnostic\nassessment. 1. All reports or memoranda prepared or obtained by the\nprobation service shall be deemed confidential information furnished to\nthe court and shall be subject to disclosure solely in accordance with\nthis section or as otherwise provided for by law. Except as provided in\nsection seven hundred thirty-five of this article, such reports or\nmemoranda shall not be furnished to the court prior to the completion of\nthe fact-finding hearing and the making of the required findings.\n 2. After the completion of the fact-finding hearing and the making of\nthe required findings and prior to the dispositional hearing, the\nreports or memoranda prepared or obtained by the probation service and\nfurnished to the court shall be made available by the court for\nexamination and copying by the child's counsel or by the respondent if\nhe or she is not represented by counsel. All diagnostic assessments and\nprobation investigation reports shall be submitted to the court at least\nfive court days prior to the commencement of the dispositional hearing.\nIn its discretion the court may except from disclosure a part or parts\nof the reports or memoranda which are not relevant to a proper\ndisposition, or sources of information which have been obtained on a\npromise of confidentiality, or any other portion thereof, disclosure of\nwhich would not be in the interest of justice. In all cases where a part\nor parts of the reports or memoranda are not disclosed, the court shall\nstate for the record that a part or parts of the reports or memoranda\nhave been excepted and the reasons for its action. The action of the\ncourt excepting information from disclosure shall be subject to review\non any appeal from the order of disposition. If such reports or\nmemoranda are made available to the respondent or his or her counsel,\nthey shall also be made available to the counsel presenting the petition\npursuant to section two hundred fifty-four and, in the court's\ndiscretion, to any other attorney representing the petitioner.\n