Rule 91.07 - Custody Evaluator Report(A) General(1) A custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing. The report shall provide a detailed analysis of the relative strengths and areas in need of improvement of the parties with respect to meeting the needs of the child as well as a comparative analysis of different parenting or companionship plans under consideration. The report shall not be considered an investigation pursuant to Civ.R. 75(D).(2) The written report shall include the statement "The custody evaluator's report shall be provided to the court for distribution to unrepresented parties and legal counsel. Unauthorized disclosure or distribution of the report may be subject to court action, including the penalties for contempt which include fines and/or incarceration."(B) Court access to reportThe court may receive and read the written report in advance of a hearing or trial for the purpose of conducting a settlement conference in the case.
(C) Record keepingA custody evaluator shall establish and maintain a record-keeping system that shall include active control of their records and reasonable precautions to prevent the loss or destruction of records in compliance with established record retention standards.
(D) Discovery and public access(1) The written report shall be subject to the Ohio Rules of Civil Procedure applicable to discovery in civil actions.
(2) The written report shall not be available for public access pursuant to Sup.R. 44 through 47.(E) Copying and disseminationA party may copy a written report of a custody evaluation but, except as permitted by the court, shall not disseminate the report by any means, including by social media. In particular, reports or the recommendations shall not be shared with minor children who are the subject of the case. Unauthorized disclosure or distribution of the report may be subject to court action, including the penalties for contempt which include fines and/or incarceration.
(F) Testimony and report at hearing or trial(1) The evaluator's report shall be admitted into evidence at a hearing or trial on the court's motion. The report shall be admitted as the court's exhibit in the form of the evaluator's expert direct testimony. A party challenging the report shall subpoena the evaluator to appear not less than fourteen days before a hearing or trial.(2) The court shall notify the evaluator as soon as a hearing or trial date is set. The evaluator shall be available to testify on cross-examination regarding the report if subpoenaed by a party not less than fourteen days prior to trial.Ohio. R. Superi. Ct. 91.07
Adopted May 11, 2021, effective 9/1/2022.