9.09.050 Investigations and Reports

(a) In contested custody proceedings, and in other custody proceedings, if a parent or the child's custodian so requests, the Court may if deemed necessary, order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by a child welfare worker or a social worker of the Bureau of Indian Affairs.

(b) In preparing his report concerning a child, the investigator may consult any person who may have information about the child and his potential custodial arrangements. Upon order of the Court, the investigator shall refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's if he has reached the age of sixteen (16), unless the Court finds that he lacks mental capacity to consent. If the requirements of Subsection (c) are fulfilled, the investigator's report may be received in evidence at the hearing.

(c) The Court shall mail the investigator's report to counsel and to any party not represented by counsel at least ten (10) days prior to the hearing. The investigator shall make available to counsel and to any party not represented by counsel and investigator's file of underlying data, and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of Subsection (b), and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person whom he has consulted for cross-examination. A party may not waive his right of cross-examination prior to the hearing.