38-2219. Evaluation of development or needs of child.
38-2219
38-2219. Evaluation of development or needs ofchild.(a) Of the child. (1) Psychological oremotional. During proceedings under thiscode, the court, on its own motion or the motion of the guardian adlitem for the child, a party orinterested party, may order an evaluation and written report of thepsychological or emotionaldevelopment or needs of a child who is the subject of the proceedings. Thecourt may refer the childto a state institution for the evaluation if the secretary advises the courtthat the facility is a suitableplace to care for, treat or evaluate the child and that space is available.The expenses oftransportation to and from the state facility may be paid as a part of theexpenses of temporary careand custody. The child may be referred to a mental health center or qualifiedprofessional forevaluation and the expenses of the evaluation may be considered as expenses ofthe proceedings andassessed as provided in this code. If the court orders an evaluation asprovided in this section, aparent of the child shall have the right to obtain an independent evaluation atthe expense of theparent.
(2) Medical. During proceedings under this code, the court mayorder an examination andreport of the medical condition and needs of a child who is the subject of theproceedings. The courtmay also order a report from any physician who has been attending the childstating the diagnosis,condition and treatment afforded the child.
(3) Educational. During proceedings under this code, the court mayorder the chiefadministrative officer of the school which the child attends or attended toprovide to the courtinformation that is readily available which the school officials believe wouldproperly indicate theeducational needs of the child. The order may direct that the school conductan educational needsassessment of the child and send a report of the assessment to the court. Theeducational needsassessment may include a meeting involving any of the following: The child'sparents; the child'steachers; the school psychologist; a school special services representative; arepresentative of the secretary; the child's court-appointed special advocate;the child's foster parents, legalguardian andpermanent custodian; a court services officer; and other persons that the chiefadministrative officerof the school or the officer's designee considers appropriate.
(b) Physical, psychological or emotional status of parent orcustodian. During proceedings underthis code, the court may order: (1) An examination, evaluation and report ofthe physical, mental oremotional status or needs of a parent, a person residing with a parent or anyperson being consideredas one to whom the court may grant custody; and
(2) written reports from any qualified person concerning the parenting skillsor ability toprovide for the physical, mental or emotional needs and future development of achild by a parentor any person being considered as one to whom the court may grant custody.
(c) Confidentiality of reports. (1) Reportsof courtordered examination or evaluation. Noconfidential relationship of physician and patient, psychologist and client orsocial worker and clientshall arise from an examination or evaluation ordered by the court.
(2) Report from private physician, psychologist or therapist.When any interested party orparty to proceedings under this code wishes the court to have the benefit ofinformation or opinionfrom a physician, psychologist, registered marriage and family therapist orsocial worker with whomthere is a confidential relationship, the party or interested party may waivethe confidentialrelationship but restrict the information to be furnished or testimony to begiven to those mattersmaterial to the issues before the court. If requested, the court may make anin camera examinationof the proposed witness or the file of the proposed witness and excise anymatters that are notmaterial to the issues before the court.
(d) Reports prepared by a court-appointed special advocate or by thesecretary. All reports prepared by a court-appointed special advocate orby thesecretary shall be filed with the court and shall be made available as providedin subsection (e).
(e) Availability of reports. (1) All reports provided for in thissection shall be filed with the court and shall be made available to counselfor any party or interested party prior to any scheduled hearing on any matteraddressed by thereport. If any party or interested party is not represented by counsel, thereport shall be madeavailable to that party.
(2) All reports provided for in this section may be read by the court at anystage of a proceeding under this code, but no fact or conclusion derived from areport shall be used as the basis for an order of the court unless theinformation has been admitted into evidence following an opportunity forany party or interested party to examine, under oath, the person who preparedthe report. If thecourt is in possession of a report that has not been offered into evidence, thecourt shall inquire whether there is an objection to admitting the report intoevidence. If there is no objection, the court may admit the report intoevidence.
History: L. 2006, ch. 200, § 14;L. 2007, ch. 57, § 2; Apr. 5.