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, 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).]
As added by P.L.1-1997, SEC.9. Amended by P.L.146-2008, SEC.558.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 17. Family Law: Custody and Visitation Rights
Chapter 2. Actions for Child Custody and Modification of Child Custody Orders
31-17-2-2. Application of Indiana Rules of Civil Procedure
31-17-2-3. Commencement of Proceeding
31-17-2-5. Responsive Pleading or Counter Petition
31-17-2-7. Court to Determine Law and Facts
31-17-2-8.1. "Disability"; Custody
31-17-2-8.5. Consideration of De Facto Custodian Factors
31-17-2-9. Court Interview of Child in Chambers
31-17-2-10. Professional Personnel; Court Consultation; Cross-Examination
31-17-2-11. Temporary Custodian
31-17-2-12. Investigation and Report Concerning Custodial Arrangements for Child
31-17-2-13. Joint Legal Custody; Finding Required for Award
31-17-2-14. Joint Legal Custody; Division of Physical Custody
31-17-2-15. Joint Legal Custody; Matters Considered in Making Award
31-17-2-16. Counseling for Child
31-17-2-17. Custodian May Determine Child's Upbringing
31-17-2-18. Continuing Supervision
31-17-2-19. Travel and Other Expenses of Witnesses
31-17-2-20. Confidentiality of Interview, Report, or Investigation
31-17-2-21. Modification of Child Custody Order
31-17-2-21.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return
31-17-2-21.2. Military Duties; Expedited Hearing; Allow Evidence by Electronic Means
31-17-2-21.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody
31-17-2-21.5. Security, Bond, or Guarantee
31-17-2-21.7. Security, Bond, or Guarantee; Determinations
31-17-2-21.8. Parenting Time; Drug Testing
31-17-2-24. Notice of Passport Application for Child
31-17-2-25. Petition for Emergency Placement With Person Other Than Noncustodial Parent; Hearing
31-17-2-26. Submissions to the Court; Court Requests for Information