Alisha Ankers Law Office

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Child Custody Investigations


What is a Child Custody Investigation?
In the simplest terms, a custody investigator is a neutral party designated by the court to
1.    Collect the facts concerning the family without bias
2.    Compile those facts into a report.
3.    Use the information gathered to provide the parties or the court with a recommended solution to the issues that will be in the children's best interest.
4.    The custody investigation report may sometimes aid the parties in reaching a settlement agreement
North Dakota law defines the duties of a child custody investigator as follows:
 Investigatory Responsibilities. A custody investigator shall:
(1) become knowledgeable about the child's and family's history and present situation by reviewing the court file; reviewing records and reports, including medical, law enforcement, psychological, psychiatric, and educational records and reports; and researching information about any related criminal or child protection proceeding, investigation, or allegation;
(2) obtain necessary authorizations for release of information;
(3) interview, as appropriate, social workers and probation officers to obtain background and current information regarding the child and family;
(4) The custody investigation report may sometimes aid the parties in reaching a settlement agreement
North Dakota law defines the duties of a child custody investigator as follows: RULE 8.6 PARENTING INVESTIGATORS
Investigatory Responsibilities. A custody investigator shall
(1) become knowledgeable about the child's and family's history and present situation by reviewing the court file; reviewing records and reports, including medical, law enforcement, psychological, psychiatric, and educational records and reports; and researching information about any related criminal or child protection proceeding, investigation, or allegation;

(2) obtain necessary authorizations for release of information;

(3) interview, as appropriate, social workers and probation officers to obtain background and current information regarding the child and family;

(4) interview, as appropriate, service providers (i.e. teachers, psychologists, psychiatrists, doctors, nurses, neighbors, and others) who are knowledgeable about the child's and family's past and present situation;

(5) interview, as appropriate, the child's parents and siblings, and the people with whom the child resides or may reside, and other people who are significant in the child's daily life;

(6) meet and observe the child in a manner consistent with the child's developmental capabilities;

(7) observe, as appropriate, parent and child interaction;

(8) prepare a written report regarding the child's best interests, including conclusions and recommendations and the facts upon which they are based;

(9) file the written report with the court and serve it on the parties at least 30 days prior to the hearing; and

(10) recommend, as appropriate, psychological evaluations, psychiatric evaluations, physical evaluations, parenting evaluations, chemical dependency evaluations, or other evaluations.

(d) Court Proceedings. A parenting investigator shall attend all court proceedings unless excused by the court and shall testify when requested. A parenting investigator may not call a witness, question a witness, file a motion, or act as a legal advocate.

(e) Post Investigation Duties. The parenting investigator, by order of the court, may assist in parenting rights and responsibilities issues after submission of the report.

(f) Parenting Investigator Review Board. The Parenting Investigator Review Board consists of nine members: three judges and one lawyer appointed by the Chief Justice, two lawyers appointed by the Board of Governors of the State Bar Association, and three lay parenting investigators who are or have been listed in good standing on the parenting investigator roster and who are appointed by the Chief Justice after consultation with the President of the State Bar Association. Board members are appointed for three-year terms and may serve no more than three consecutive three-year terms. Of the members initially appointed and as determined by lot at the first meeting, one-third of the members will serve for one year, one-third will serve for two years, and one-third will serve for three years. Subject to the three term limit, each member is eligible for reappointment and serves until the member's successor is appointed. The Chief Justice appoints the board chair. Expenses incurred by members in the performance of duties are reimbursed by the appointing authority.

(1) Board Responsibilities. The board, through panels established under this rule, shall receive and review complaints concerning the performance and conduct of parenting investigators providing services under this rule.

(2) Complaints - Procedures for Review.

(A) All complaints must be submitted in writing to the chair of the board. The complaint must include facts underlying the complaint, must specify the misconduct that is the subject of the complaint, and must be signed by the complainant.

(B) Upon receipt of a written complaint, the chair of the board shall determine if the complaint is with regard to a pending case in which parenting investigator services are being provided. If the complaint involves parenting investigator conduct in a pending case, the chair shall inform the complainant that the complaint may only be addressed before the court that is hearing the pending case, either by seeking removal of the parenting investigator or by contesting the information or recommendation contained in the parenting investigator's report or testimony. In pending cases, review of the complaint and communications with the complainant must be handled by the chair of the board in a manner that assures the judge presiding in the case remains uninformed about the complaint. If the complaint concerns conduct unrelated to a pending case, the following procedures apply:

(i) The chair of the board shall review the complaint to determine whether the allegations, if true, have merit. If the allegations are determined to be without merit, the complaint will not be reviewed further and the chair shall notify the complainant of the disposition.

(ii) If the chair of the board determines the allegations in the complaint, if true, have merit, the complaint must be referred to a panel of the board appointed by the chair for further consideration. The panel must consist of three members of the board, of which at least one panel member must be a lay parenting investigator. The panel shall provide a copy of the complaint to the parenting investigator and request a written response from the parenting investigator within 30 days of receipt of the request. The request must identify specific issues in the complaint to which the panel desires a response.The parenting investigator must provide a copy of the response to the complainant. The panel may, as circumstances warrant, request that the complainant and the parenting investigator meet with the panel to review the allegations in the complaint.


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Alisha Ankers, Attorney at Law

 

 

2016
 
 
 
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