§587-40  Reports to be submitted by the
department and authorized agencies; social worker expertise.  (a)  The
department or other appropriate authorized agency shall make every reasonable
effort to submit written reports, or a written explanation regarding why a
report is not being submitted timely, to the court with copies to the parties
or their counsel or guardian ad litem:



(1)  Within forty-eight hours, excluding Saturdays,
Sundays, and holidays, subsequent to the hour of the filing of a petition for temporary
foster custody pursuant to section 587-21(b)(3);



(2)  Upon the date of the filing of a petition
pursuant to section 587-21(b)(4); and



(3)  At least fifteen days prior to the date set for
each disposition, review, permanent plan, and permanent plan review hearing,
until jurisdiction is terminated, unless a different period of time is ordered
by the court or the court orders that no report is required for a specific
hearing; or



(4)  Prior to or upon the date of a hearing if the
report is supplemental to a report that was submitted pursuant to paragraph
(1), (2), or (3).



(b)  Report or reports pursuant to subsection
(a) specifically shall:



(1)  Assess fully all relevant prior and current
information concerning each of the safe family home guidelines, as set forth in
section 587-25, except for a report required for an uncontested review hearing
or a permanent plan review hearing that need only assess relevant current
information including, for a review hearing, the degree of the family's
progress with services;



(2)  In each proceeding, subsequent to adjudication,
recommend as to whether the court should order:



(A)  A service plan as set forth in section
587-26 or revision to the existing service plan and, if so, set forth the
proposed service or revision and the pertinent number of the guidelines
considered in the report, made pursuant to paragraph (1), which guideline or
guidelines provide the basis for recommending the service or revision in a
service plan or revised service plan; or



(B)  A permanent plan or revision to an
existing permanent plan and if it is an initial recommendation, set forth the
basis for the recommendation that shall include, but not be limited to, an
evaluation of each of the criteria set forth in section 587-73(a), including the
written permanent plan as set forth in section 587-27; and



(3)  Set forth recommendations as to other orders
deemed to be appropriate and state the basis for recommending that the orders
be entered.



(c)  A written report pertaining to cases
pending before the family court submitted by the department pursuant to
subsection (a) shall be submitted to the court in its entirety, and shall
include the following:



(1)  Any report, or medical or mental health
consultation, generated by a child protective services multidisciplinary team
or consultant in its entirety; and



(2)  All other relevant information on placement of
the child.



(d)  A written report submitted under this
section shall be admissible and may be relied upon to the extent of its
probative value in any proceeding under this chapter; provided that the person
or persons who prepared the report may be subject to direct and
cross-examination as to any matter in the report, unless the person is
unavailable.



(e)  A person employed by the department as a social
worker in the area of child protective or child welfare services is qualified
to testify as an expert in the area of social work and child protective or
child welfare services. [L 1986, c 316, §17; am L 1992, c 190, §17; am L 1998,
c 134, §9]



 



Case Notes



 



  Where mother argued that mother was denied due process
because social worker was not available for cross-examination regarding social
worker’s report submitted pursuant to this section, mother effectively waived
right to cross-examine social worker.  77 H. 109, 883 P.2d 30.