Article III. Adjudicatory and Dispositional Hearings

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Rule 33: Predisposition Report/Social History.

(a) General Provisions. The court may order that in any case or in any class of cases a predisposition report be made including an investigation and evaluation of the habits, surroundings, conditions and tendencies of the child. The report shall be made by the youth services officer, probation officer, or other person designated by the court.

(b) Request for Report; Court Orders. When not otherwise provided, the court may upon its own motion or upon the request of any party order that a report be prepared. The order may specify the time within which the report shall be completed and submitted to the court.

(c) Supplemental Studies. At any time the court may order a supplemental social study to be made.

(d) Consideration of Report by Court. If the allegations of the petition are denied, the report shall not be considered by the court prior to the determination whether the allegations of the petition have been established.

(e) Inspection of Reports; Confidentiality. Generally, the child, the child’s attorney, the child’s parent, guardian or legal custodian, and other parties shall be entitled to inspect and obtain copies of the predisposition report and all medical, psychological and other reports on which it is based, except that information protected from disclosure by law. However, the court in its discretion may decline to permit inspection or copying of sensitive reports, or portions thereof, to anyone other than an attorney if it determines that such inspection would be detrimental to the child. If a party is unrepresented and is denied the right to inspect and make copies, an attorney shall be appointed for the party and shall be permitted to inspect and copy reports as herein provided. The court shall issue such orders as are necessary to maintain the confidential nature of information so classified. However, in order to permit response pursuant to Rule 32(f), the court shall disclose, at least to attorneys for the parties, any confidential information relevant to disposition.

[Amended by order filed December 29, 2005, effective July 1, 2006.]

Advisory Commission Comment [2006].

The amendment allows parties to inspect and copy reports. The court has discretion to limit inspection to attorneys of parties.

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