Statutes | Muscogee (Creek) Nation Code Title 6 Chapter 1 subchapter 5 ยง 5-509 | 2018
A. Home study reports. Unless waived by the Court, the CFSA or other agency designated by the Court shall make a home study and report in writing in all children's cases, except:
1. If the allegations of a petition filed under Title 6, § 1&ndash707 are denied, the study shall not be made until the Court has entered an order of adjudication and
2. The study and investigation in all adoptions shall be made as provided in the provisions relating to adoptions.
B. Use of reports as evidence. For the purpose of determining proper disposition of a child the general rules of evidence shall not apply, and 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. However, 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, if available, 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, his parent or guardian, or other party to the proceedings so requires. 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 herein.
[NCA 01&ndash126, § 209, approved Aug. 9, 2001.]
Library References
Indians O132. C.J.S. Indians §§ 150, 152, 154 to 176.
Infants O13.5(1). C.J.S. Infants § 116.
Records O30. C.J.S. Records §§ 74, 76, 78, 80, 112.
Westlaw Topic Nos. 209, 211, 326.