Investigations and reports

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25-406. Investigations and reports

A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. The investigation and report may be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person. The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C of this section.

B. If an investigation and report are ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties.

C. The court shall require a court appointed attorney for a child, a court appointed advisor or any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the following minimum standards:

1. Six initial hours of training on domestic violence.

2. Six initial hours of child abuse training.

3. Four subsequent hours of training every two years on domestic violence and child abuse.

D. A person who has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C of this section if the training included at least six hours each on domestic violence and child abuse and meets the minimum standards. Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C of this section if the training meets the minimum standards.

E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C of this section.

F. In preparing a report concerning a child, the investigator may consult any person who may have information about the child or the child's potential legal decision-making and parenting time arrangements.

G. The court shall mail the investigator's report to counsel at least ten days before the hearing. The investigator shall make available to counsel the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call for examination of the investigator and any person consulted by the investigator.


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