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| | Social Study |
In General
In any SAPCR proceeding, the court may order the preparation of a social study into the circumstances and condition of the child and of the home of any person seeking managing conservatorship or possession of the child. The court may appoint any person or any state agency, including the Department of Protective and Regulatory Services (DPRS), to make the study, except that DPRS may not be appointed to make the study when DPRS is not a party to or has no interest in the proceeding. The report must include any history of physical, sexual, or emotional abuse of the child.
Social Study as Evidence.
The person or agency that makes the report must file findings and conclusions with the court on a date set by the court. The report must be made a part of the record in the proceeding. Disclosure to the jury of the contents of a report is subject to the rules of evidence. In a contested case, the person or agency making the report must furnish copies of the report to the parties' attorneys before the earlier of :
- The seventh day after the social study is completed; or
- The fifth day before the commencement of trial.
Testimony for admission of report.
The court may compel the attendance of witnesses necessary for the proper disposition of the suit, including a representative of the agency making the social study, who may be compelled to testify. However, admission of a report into evidence without the author having been called to testify is not necessarily reversible error. When made pursuant to court order, a social study may fall within the exception to the hearsay rule for governmental records because social workers conduct the study as a duty imposed by law and the report consists of factual findings resulting from investigations made pursuant to authority granted by law.
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