Section 750. Probation reports; probation investigation and diagnostic assessment


Latest version.
  • 1. All reports or memoranda prepared  or  obtained  by  the
      probation  service shall be deemed confidential information furnished to
      the court and shall be subject to disclosure solely in  accordance  with
      this  section or as otherwise provided for by law. Except as provided in
      section seven hundred thirty-five  of  this  article,  such  reports  or
      memoranda shall not be furnished to the court prior to the completion of
      the fact-finding hearing and the making of the required findings.
        2.  After the completion of the fact-finding hearing and the making of
      the required findings  and  prior  to  the  dispositional  hearing,  the
      reports  or  memoranda prepared or obtained by the probation service and
      furnished to the  court  shall  be  made  available  by  the  court  for
      examination and copying by the child's law guardian or counsel or by the
      respondent  if he is not represented by a law guardian or other counsel.
      All diagnostic assessments and probation investigation reports shall  be
      submitted   to  the  court  at  least  five  court  days  prior  to  the
      commencement of the dispositional hearing. In its discretion  the  court
      may  except  from disclosure a part or parts of the reports or memoranda
      which  are  not  relevant  to  a  proper  disposition,  or  sources   of
      information which have been obtained on a promise of confidentiality, or
      any  other  portion  thereof,  disclosure  of  which would not be in the
      interest of justice. In all cases where a part or parts of  the  reports
      or  memoranda  are  not  disclosed, the court shall state for the record
      that a part or parts of the reports or memoranda have been excepted  and
      the   reasons  for  its  action.  The  action  of  the  court  excepting
      information from disclosure shall be subject to  review  on  any  appeal
      from  the  order  of  disposition. If such reports or memoranda are made
      available to respondent or his law guardian or counsel, they shall  also
      be  made  available  to  the counsel presenting the petition pursuant to
      section two hundred fifty-four and, in the court's  discretion,  to  any
      other attorney representing the petitioner.