Section 25-60.Evaluations, Studies, Family Services Mediation Reports and Family Services Conflict Resolution Reports

No disposition until the report is in. Where an evaluation or study has been ordered, or family services has been ordered to mediate or hold a conflict resolution conference, the case is not disposed of until the report is filed and counsel and the parties have had a reasonable opportunity to examine it before the hearing — unless the court orders the case heard first.

Filing and access. The report is filed with the clerk, who seals it, and the filer provides it to counsel of record, guardians ad litem and self-represented parties unless the court orders otherwise. It is available for inspection to counsel of record, guardians ad litem and the parties, again unless the court orders otherwise.

Admissibility. A report of an evaluation or study is admissible in evidence provided the author is available for cross-examination. The condition is the safeguard: a document that may decide where a child lives is evidence only if its author can be questioned about it.

The underlying file. The family services file compiled in preparing a mediation or conflict resolution report is not available for inspection or copying unless the court orders otherwise. The file behind a completed evaluation or study is available for inspection to counsel, guardians ad litem and the parties, to the extent any applicable release permits, and copies are provided only on a written request certifying they are wanted for legitimate trial preparation or trial proceedings in that case. “File” covers documents, notes, information and other material in any format.

No onward disclosure. Information or copies disclosed under the section may not be further disclosed unless the court orders otherwise, the section authorises it, or the law requires it.