§ 9-27-361 - Court reports.
9-27-361. Court reports.
(a) (1) Seven (7) business days prior to a scheduled dependency-neglect review hearing, including the fifteenth-month review hearing and any post-termination of parental rights hearing, the Department of Human Services and a court-appointed special advocate, if appointed, shall file with the juvenile division of circuit court a review report including a certificate of service that the report has been distributed to all the parties or their attorneys and the court-appointed special advocate, if appointed.
(2) (A) The court report prepared by the department shall include a summary of the compliance of the parties with the court orders and case plan, including the description of the services and assistance the department has provided and recommendations to the court.
(B) In cases in which a child has been returned home, the department's review report shall include a description of any services needed by and requirements of the parent or parents, including, but not limited to, a safety plan to ensure the health and safety of the juvenile in the home.
(C) (i) In cases in which a juvenile has been transferred to the custody of the department, the department's court report shall outline the efforts made by the department to identify and notify adult grandparents and other adult relatives that the juvenile is in the custody of the department.
(ii) The department's court report shall list all adult grandparents and other adult relatives notified by the department and the response of each adult grandparent or other adult relative to the notice, including:
(a) The adult grandparent or other adult relative's interest in participating in the care and placement of the juvenile;
(b) Whether the adult grandparent or other adult relative is interested in becoming a provisional foster parent or foster parent of the juvenile;
(c) Whether the adult grandparent or other adult relative is interested in kinship guardianship, if funding is available; and
(d) Whether the adult grandparent or other adult relative is interested in visitation.
(3) The report prepared by the court-appointed special advocate shall include, but is not limited to:
(A) Any independent factual information that he or she feels is relevant to the case;
(B) A summary of the compliance of the parties with the court orders;
(C) Any information on adult relatives, including their contact information and the volunteer's recommendation about relative placement and visitation; and
(D) Recommendations to the court.
(4) (A) At a review hearing, the court shall determine on the record whether the previously filed reports shall be admitted into evidence based on any evidentiary objections made by the parties.
(B) The court shall not consider as evidence any report or part of a report that was not admitted into evidence on the record.
(b) (1) Seven (7) business days prior to a scheduled dependency-neglect permanency planning hearing, the department and the court-appointed special advocate, if appointed, shall file with the court a permanency planning court report that includes a certificate of service that establishes that the report has been distributed to all of the parties or their attorneys and the court-appointed special advocate, if appointed.
(2) The permanency planning court report prepared by the department shall include, but not be limited to, the following:
(A) A summary of the compliance of the parties with the court orders and case plan, including the description of the services and assistance the department has provided;
(B) A list of all the placements in which the juvenile has been;
(C) A recommendation and discussion regarding the permanency plan including:
(i) The appropriateness of the plan;
(ii) A timeline; and
(iii) The steps and services necessary to achieve the plan, including the persons responsible; and
(D) The location of any siblings, and if separated, a statement for the reasons for separation and any efforts to reunite or maintain contact if appropriate and in the best interest of the siblings.
(3) The report prepared by the court-appointed special advocate shall include, but is not limited to:
(A) Any independent factual information that he or she feels is relevant to the case;
(B) A summary of the compliance of the parties with the court orders;
(C) Any information on adult relatives, including their contact information and the volunteer's recommendation about relative placement and visitation; and
(D) The recommendations to the court.
(4) (A) At the permanency planning hearing, the court shall determine on the record whether the previously filed reports shall be admitted into evidence based on any evidentiary objections made by the parties.
(B) The court shall not consider as evidence any report or part of a report that was not admitted into evidence on the record.
(c) (1) Nothing in this section shall prevent the department or the court-appointed special advocate from filing a report with the court and providing it to all parties or their attorneys at least seven (7) business days prior to any scheduled dependency-neglect hearing or presenting any subsequent or addendum reports to the court during a hearing.
(2) (A) The court shall determine on the record whether the reports or addendum reports shall be admitted into evidence based on any evidentiary objections made by the parties.
(B) The court shall not consider as evidence any report or part of a report or an addendum report that was not admitted into evidence on the record.