Rule 11.060.Predisposition Investigation
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 11.060
Plain-English Summary
A short rule with a lot packed into it. Start with timing. When an investigation report is prepared under ORS 419A.012, 419B.112(2)(a), and 419C.300, the parties get it at least seven days before the dispositional hearing. That period can shrink, but only by stipulation of the parties.
Next comes sequencing. A predisposition report describes what should happen after jurisdiction is established, which makes it poison for the jurisdictional question itself. If jurisdiction is contested, the court may not read the report until jurisdiction has been established. The rule keeps disposition material out of fact-finding.
Last comes sensitive content. If the investigation turns up information that the juvenile department or other preparing agency concludes should not be divulged to the child, the parents, or counsel, that material is separated from the predisposition report and the parties are put on notice of the separation. It reaches them only by court order. If the court declines to order disclosure, it must set forth the reasons for that decision, so the refusal lands on the record instead of passing in silence.
Frequently Asked Questions
How far ahead of the dispositional hearing do I get the report?
At least seven days before the hearing, unless the parties stipulate to a shorter time. The court does not shorten it on its own under this rule; the parties do.
Can the judge read the predisposition report before deciding jurisdiction?
Not when jurisdiction is contested. In that situation the court shall not read the report until jurisdiction has been established. Once it is, the report is available for the disposition decision it was written for.
What happens to information the agency thinks the family should not see?
The information is separated from the predisposition report and the parties are put on notice of that separation. From there it is divulged only pursuant to a court order, so the decision belongs to the judge rather than to the agency alone.
Does the court have to explain a refusal to release withheld information?
Yes. If the court does not issue an order to divulge the separated information, it must set forth the reasons for its action. That gives the parties something to work with rather than an unexplained no.
Which reports does this rule apply to?
Investigation reports prepared under ORS 419A.012, 419B.112(2)(a), and 419C.300. The rule's timing, sequencing, and disclosure provisions all key off a report prepared under those provisions.