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Rule 16. Reports in Aid of Disposition.
(a) Predisposition Report.
(1) Unless waived by the parties with the approval of the court, the Department shall submit a predisposition report pursuant to AS 47.10.081(b) which may also include the following information: the child's family background and educational history; past contracts by the Department with the child and the child's family; the child's medical, psychological and psychiatric history; and recommendations regarding the disposition which would be in the best interests of the child. In cases concerning an Indian child, the report must describe the proposed placement of the child, the placement preference under the Indian Child Welfare Act which is recommended and the rationale for the use of that level of placement preference.
(2) The predisposition report must be made available to the persons entitled to receive it ten days before the disposition hearing, unless all parties, with the approval of the court, agree upon a different time period. If the predisposition report is submitted to the court prior to the adjudication hearing, it must be kept sealed until the adjudication hearing is completed.
(b) Supplementary Material. The court may order mental and physical examinations of the child and the child's parents, guardian and Indian custodian. The court may order studies of the home of any person with whom the child might be placed, and may order any other reports to aid disposition. A party may submit the party's own report in aid of disposition. All such materials must be made available to the persons entitled to receive them at a reasonable time prior to disposition, as determined by the court.
(c) Disclosure of Reports. Unless otherwise ordered, copies of predisposition reports and supplementary materials must be given to all parties. The court may enter an order prohibiting release of all or part of a report to the child only if disclosure would be likely to cause serious psychological harm to the child. The court shall inspect the reports in camera prior to entering a limitation on disclosure, and such a limitation does not bar the child's attorney or guardian ad litem from access to the material withheld from the child. The court may enter orders prohibiting release of the material by the attorney or guardian ad litem to the child.
(SCO 845 effective August 15, 1987)
Cross References
CROSS REFERENCES: AS 47.10.080; AS 47.10.081; AS 47.10.082; AS 47.10.230; 25 U.S.C. Section 1912(c); 25 U.S.C. Section 1922.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
