§ 278-174. Disposition report.

The Court shall order the Department to prepare a dispositional study including evaluations, assessments, and dispositional reports, which shall be submitted to all parties a minimum of five business days prior to the hearing. Such report shall include information of the child, his/her family, home environment, placement history, previous delinquencies and academic needs. A party failing to timely file such documents, in absence of just cause, may be sanctioned at the Courts discretion.

Where there is an indication that the child may be mentally ill or mentally disabled, the Court or any party may motion for an order that the child be examined by a psychiatrist or psychologist prior to a hearing as part of the dispositional study and report.

The Court may order that an adjudicated delinquent child be transferred to an appropriate facility for no more than 30 calendar days, unless a showing of good cause is made to the Court, for purposes of diagnosis and such written report shall be filed with the Court with recommended disposition.

In the dispositional hearing, the Court may consider all relevant and material evidence helpful in determining the questions presented, including oral and written reports, and may rely on such evidence to the extent of its probative value even though not otherwise competent.

By motion of a party or the Court, the hearing may be continued for a reasonable time to receive reports and other evidence bearing on the need for care or rehabilitation or in connection with disposition. The Court shall continue the hearing pending the receipt of the dispositional study and report if that document has not been prepared and received. During any continuance under this section, the Court shall make an appropriate order for detention or legal custody.