Rule 7-302.  Court reports prepared for delinquency cases.

Intent:

To develop minimum standards for court reports to the Juvenile Court.

Applicability:

This rule shall apply to all court reports prepared for delinquency cases in the Juvenile Courts.

Statement of the Rule:

(1)        The probation department or other agency designated by the court shall prepare a court report in writing in all cases in which a petition has been filed.

(2)        The court can direct the probation department to prepare a court report on any matter referred to the court.

(3)        The contents of the court report shall include the following:

(3)(A)        a summary of:

(3)(A)(i)        the circumstances surrounding the matter before the court;

(3)(A)(ii)       the minor's prior referral history, including prior actions taken by the probation department;

(3)(A)(iii)      any contacts and history the family has had with other agencies;

(3)(A)(iv)      the victim impact statement and an itemized listing of losses or damages suffered by the victim with respect to the matter before the court;

(3)(A)(v)       responses to the minor’s compliant and non-compliant behavior;

(3)(A)(vi)      the minor's academic performance and behavior in school and a statement of the minor's employment history if applicable;

(3)(A)(vii)    any physical or emotional problems the minor may have that could affect behavior;

(3)(A)(viii)   the minor’s substance use history; and

(3)(A)(ix)      the strengths and weaknesses of the minor as perceived by the minor and the parents or guardian(s); and

(3)(B)        an assessment of:

(3)(B)(i)        the minor's attitude towards the court and the minor's attitude and values in general;

(3)(B)(ii)       the parents' attitude and what corrective action, if any, they took with respect to the minor's conduct and actions that brought the minor before the court; and

(3)(B)(iii)      the strengths and weaknesses of the parents or guardian(s); and

(3)(C)        the minor’s risk level as indicated by a validated risk and needs assessment, as well as a list of risk and protective factors;

(3)(D)        recommendations specific to the minor’s risk level that consider restorative justice principles and evidence-based best practices;

(3)(E)        sentencing guideline results, including aggravating and mitigating factors; and

(3)(F)        any other relevant information.

(4)        All information contained in the court report should be verified whenever possible. Individuals providing information for the report should be identified and any opinions or unverified information should be identified as such.

(5)        No social information shall be gathered on a minor if the minor denies the allegations during the preliminary inquiry unless the minor and parent/guardian or custodian give their written consent for the information to be gathered.

(6)        No social information shall be provided to the court before the minor's case is adjudicated.

(7)        Once the court report is prepared, it shall be electronically filed in the minor’s file.

Effective November 1, 2019