Colorado § 19-1-107 - Social study and other reports.

§ 19-1-107. Social study and other reports.

(1) Unless waived by the court, an agency designated by the court shall make a social study and report in writing in all children's cases; except that:

(a) Repealed.

(b) Adoption reports shall be as provided in article 5 of this title.

(2) For the purpose of determining proper disposition of a child, written reports and other material relating to the child's mental, physical, and social history may be received and considered by the court along with other evidence; but the court, if so requested by the child, his parent or guardian, or other interested party, shall require that the person who wrote the report or prepared the material appear as a witness and be subject to both direct and cross-examination. In the absence of such request, the court may order the person who prepared the report or other material to appear if it finds that the interest of the child so requires.

(2.5) For purposes of determining the appropriate treatment plan in connection with the disposition of a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the report shall include a list of services available to families that are specific to the needs of the child and the child's family and that are available in the community where the family resides. The report shall establish a priority of the services if multiple services are recommended. The services may include, but are not limited to, transportation services, family time services, psychological counseling, drug screening and treatment programs, marriage and family counseling, parenting classes, housing and day care assistance, and homemaker services.

(3) In a case where placement out of the home is recommended, the social study required by subsection (1) of this section must include the cost of the recommended placement and an evaluation for placement containing the information required by section 19-1-115 (8)(e). The department of education and the department of human services shall jointly develop placement criteria, and, in the case of matters involving juvenile delinquency, the criteria must be in accordance with the criteria for the placement of juveniles specified in section 19-2.5-1404. Such criteria must be used by the agency designated by the court to determine its recommendation about the need for placement.

(4) The court shall inform the child, his parent or legal guardian, or other interested party of the right of cross-examination concerning any written report or other material as specified in subsection (2) of this section.

Source: L. 87: Entire title R&RE, p. 701, § 1, effective October 1. L. 93: (3) amended, p. 1546, § 1, effective July 1; (3) amended, p. 1134, § 65, effective July 1, 1994. L. 94: (2.5) added, p. 2051, § 2, effective July 1. L. 97: (3) amended, p. 1441, § 17, effective July 1. L. 2005: (3) amended, p. 766, § 29, effective June 1. L. 2008: (3) amended, p. 1891, § 60, effective August 5. L. 2015: IP(1) and (3) amended and (1)(a) repealed, (SB 15-099), ch. 99, p. 290, § 3, effective August 5. L. 2021: (3) amended, (SB 21-059), ch. 136, p. 726, § 61, effective October 1. L. 2023: (2.5) amended, (HB 23-1027), ch. 284, p. 1680, § 6, effective June 1.

Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-1-108 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) Amendments to subsection (3) in Senate Bill 93-134 and House Bill 93-1317 were harmonized.

Cross references: For the legislative declaration contained in the 1993 act amending subsection (3), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.

ANNOTATION

Law reviews. For article, "Referee/Commissioner Duties and Procedures in Denver Metro Domestic Matters", see 11 Colo. Law 951 (1982). For article, "Interested Parties in Juvenile Dependency and Neglect Cases", see 33 Colo. Law. 109 (Aug. 2004).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Colorado Children's Code expressly contemplates participation of interested parties in juvenile cases. People in Interest of R.J.G., 38 Colo. App. 148, 557 P.2d 1214 (1976).

But does not supply definition of "interested party". In re People in Interest of C.P., 34 Colo. App. 54, 524 P.2d 316 (1974).

The Colorado Children's Code expressly contemplates the active participation of interested parties at the dispositional hearing. The Children's Code does not, however, delineate who is entitled to participate as an interested party. People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).

While the Colorado Children's Code does not expressly define those persons who may become "parties" to proceedings, it does contemplate the participation of interested third parties. In re People in Interest of C.P., 34 Colo. App. 54, 524 P.2d 316 (1974).

Includes persons furnishing child support pursuant to juvenile court order. Since the juvenile court has the power to compel legally responsible persons to support a child, it necessarily follows that a person furnishing support to a child in accordance with an order of the juvenile court has the right to intervene in a child in need of supervision proceeding as an interested party for the purpose of recovering the cost of that support. People in Interest of R.J.G., 38 Colo. App. 148, 557 P.2d 1214 (1976).

And persons able to aid court in its determination. Among those who can be considered interested parties are individuals who, because of their relationship with or particular knowledge concerning the child, can materially aid the court in its determination of what in fact is in the child's best interest. People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).

State is an "interested party". The state of Colorado, through its representative, the district attorney, is an "interested party" at the dispositional stage of a delinquency proceeding, as the same factors which establish the state's status as an interested party at the adjudicatory stage of the delinquency proceeding are equally applicable to the dispositional stage. People in Interest of R.M.S., 651 P.2d 377 (Colo. 1982).

State's interest in juvenile proceedings stems from its role as parens patriae, and that interest is of significance both in the context of delinquency cases, and neglect and dependency matters. McCall v. Dist. Court ex rel. County of Montezuma, 651 P.2d 392 (Colo. 1982).

Those having custodial experience with child have sufficient interest, knowledge, and concern relative to the child to bring them within the classification of "interested parties" and thus they are entitled, upon application, to intervene as a matter of right in the dispositional hearing. People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).

Common-law hearsay objections as to admissibility of social study are not applicable. In re People in Interest of A.R.S., 31 Colo. App. 268, 502 P.2d 92 (1972).

Nonexpert or hearsay content affects weight, not admissibility. Where this section authorizes consideration of social reports, fact that they may contain hearsay or are prepared by nonexperts becomes matter concerning their weight and probative value and not their admissibility. In re People in Interest of A.R.S., 31 Colo. App. 268, 502 P.2d 92 (1972); People in Interest of R.D.H., 944 P.2d 660 (Colo. App. 1997).

And admission of reports with cross-examination did not deny due process. Where parents obtained attendance of authors of social reports admitted in proceeding to adjudge child to be dependent and neglected and to terminate parental rights, and where parents cross-examined each author, admission of such reports did not deny due process to parents. In re People in Interest of A.R.S., 31 Colo. App. 268, 502 P.2d 92 (1972).

Admission of reports not unconstitutional. The admission of reports into evidence pursuant to subsection (2) violates neither constitutional confrontation requirements nor due process of law, where the reports are made available to all interested parties sufficiently in advance of the termination hearing to permit the parties to compel the attendance of the persons who wrote the reports or prepared the materials therein and to subject them to examination under oath. People in Interest of A.M.D., 648 P.2d 625 (Colo. 1982).

Opportunity to request cross-examination denied. Where it appeared the court in proceeding to terminate parental rights considered the contents of a letter in the nature of a social study as provided for by this section, but the respondents were not apprised of its existence, the respondents were not provided with an opportunity to request the cross-examination of the persons responsible for the study. People in Interest of M.B., 188 Colo. 370, 535 P.2d 192 (1975).

C.R.C.P. 24 has no application in a proceeding under the Colorado Children's Code, as the code itself expressly contemplates the active participation of interested parties. People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).