Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 635-S.F.No. 924 
           An act relating to marriage dissolution; excluding 
          mediators' information except on consent of the 
          parties; providing for deposing of investigators; 
          amending Minnesota Statutes 1982, section 518.167.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 518.167, is 
amended to read:  
    518.167 [INVESTIGATIONS AND REPORTS.] 
    Subdivision 1.  [COURT ORDER.] In contested custody 
proceedings, and in other custody proceedings if a parent or the 
child's custodian so requests, the court may order an 
investigation and report concerning custodial arrangements for 
the child.  The investigation and report may be made by the 
county welfare agency or department of court services. 
    Subd. 2.  [PREPARATION.] 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 except for persons involved in mediation efforts 
between the parties.  Mediation personnel may disclose to 
investigators and evaluators information collected during 
mediation only if agreed to in writing by all parties.  Upon 
order of the court, the investigator may refer the child to 
professional personnel for diagnosis. The investigator may 
consult with and obtain information from medical, psychiatric, 
school personnel, or other expert persons who have served the 
child in the past after obtaining the consent of the parents or 
the child's custodian or guardian.  If the requirements of 
subdivision 3 are fulfilled, the investigator's report may be 
received in evidence at the hearing.  
    Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall mail 
the investigator's report to counsel and to any party not 
represented by counsel at least ten days before the hearing.  
The investigator shall maintain and, upon request, make 
available to counsel and to a party not represented by counsel 
the investigator's file of underlying data and reports, complete 
texts of diagnostic reports made to the investigator pursuant to 
the provisions of subdivision 2, and the names and addresses of 
all persons whom the investigator has consulted.  The 
investigator and any person the investigator has consulted is 
subject to other pretrial discovery in accordance with the 
requirements of the Minnesota Rules of Civil Procedure. 
Mediation proceedings are not subject to discovery without 
written consent of both parties.  A party to the proceeding may 
call the investigator and any person whom he has consulted for 
cross-examination at the hearing.  A party may not waive his 
right of cross-examination before the hearing. 
    Subd. 4.  [USE AT HEARING.] The investigator's report may 
be received in evidence at the hearing. 
    Approved May 2, 1984