Section 19-1-107 - Social study and other reports(1) Unless waived by the court, an agency designated by the court shall make a social study and report in writing in all children's cases; except that: (b) Adoption reports shall be as provided in article 5 of this title.(2) For the purpose of determining proper disposition of a child, written reports and other material relating to the child's mental, physical, and social history may be received and considered by the court along with other evidence; but the court, if so requested by the child, his parent or guardian, or other interested party, shall require that the person who wrote the report or prepared the material appear as a witness and be subject to both direct and cross-examination. In the absence of such request, the court may order the person who prepared the report or other material to appear if it finds that the interest of the child so requires. (2.5) For purposes of determining the appropriate treatment plan in connection with the disposition of a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2), the report shall include a list of services available to families that are specific to the needs of the child and the child's family and that are available in the community where the family resides. The report shall establish a priority of the services if multiple services are recommended. The services may include, but are not limited to, transportation services, family time services, psychological counseling, drug screening and treatment programs, marriage and family counseling, parenting classes, housing and day care assistance, and homemaker services.(3) In a case where placement out of the home is recommended, the social study required by subsection (1) of this section must include the cost of the recommended placement and an evaluation for placement containing the information required by section 19-1-115 (8)(e). The department of education and the department of human services shall jointly develop placement criteria, and, in the case of matters involving juvenile delinquency, the criteria must be in accordance with the criteria for the placement of juveniles specified in section 19-2.5-1404. Such criteria must be used by the agency designated by the court to determine its recommendation about the need for placement.(4) The court shall inform the child, his parent or legal guardian, or other interested party of the right of cross-examination concerning any written report or other material as specified in subsection (2) of this section.Amended by 2023 Ch. 284,§ 6, eff. 6/1/2023.Amended by 2021 Ch. 136, § 61, eff. 10/1/2021.Amended by 2015 Ch. 99, § 3, eff. 8/5/2015.L. 87: Entire title R&RE, p. 701, § 1, effective October 1. L. 93: (3) amended, p. 1546, § 1, effective July 1; (3) amended, p. 1134, § 65, effective 7/1/1994. L. 94: (2.5) added, p. 2051, § 2, effective July 1. L. 97: (3) amended, p. 1441, § 17, effective July 1. L. 2005: (3) amended, p. 766, § 29, effective June 1. L. 2008: (3) amended, p. 1891, § 60, effective August 5. L. 2015: IP(1) and (3) amended and (1)(a) repealed, (SB 15 -099), ch. 290, p. 290, § 3, effective August 5. L. 2021: (3) amended, (SB 21-059), ch. 726, p. 726, § 61, effective October 1.(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-1-108 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (3) in Senate Bill 93-134 and House Bill 93-1317 were harmonized.
For the legislative declaration contained in the 1993 act amending subsection (3), see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.