N.D.R.Ct. 8.6Effective March 1, 2007Amended Effective August 1, 2009
RULE 8.6 CUSTODY PARENTING
INVESTIGATORS
(a) Roster of Custody Parenting Investigators. The State Court
Administrator shall
maintain and monitor a roster of persons satisfying the qualifications under paragraph (b)
to serve as custody parenting investigators. The roster must include
the custody parenting investigator's name and address. The roster must be updated and published on
an annual basis and be available for inspection in the clerk of district court's office. The
State Court Administrator may establish a reasonable fee for placement on the roster and
a reasonable yearly renewal fee. Custody Parenting investigators
appointed to provide
services under this rule must be selected from the roster.
(b) Qualifications. To be listed on the roster and qualify as a custody parenting investigator under N.D.C.C. §§ 14-09-06.3 and 14-09.06.4, a person shall
provide the State Court Administrator with written credentials indicating the person
satisfies the following requirements:
(2) completion of at least 18 hours of specialized custody parenting investigation
training, unless the person has obtained 40 hours of specialized training in accordance
with subparagraph (1);
(3) completion of 18 hours of custody parenting investigation-related training every
three years after receiving the initial hours of specialized training;
(4) communication skills necessary to successfully conduct an interview, prepare a written report, and make an oral presentation; and
(5) no criminal conviction or substantiated instance of child abuse or neglect.
(c) Investigatory Responsibilities. A custody parenting investigator shall:
(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 custody parenting investigator shall
attend all court
proceedings unless excused by the court and shall testify when requested. A custody parenting investigator may not call a witness, question a witness, file a motion,
or act as a
legal advocate.
(e) Post Investigation Duties. The custody parenting investigator, by order of the court,
may assist in custody parenting rights and responsibilities issues after
submission of the
report.
(f) Custody Parenting Investigator Review Board. The Custody 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 custody parenting investigators who are or
have been listed in
good standing on the custody 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.
(2) Complaints--Procedures for Review.
(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 custody parenting investigator services are being provided. If the complaint involves custody 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 custody parenting investigator or by contesting the
information or
recommendation contained in the custody 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:
(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 custody parenting investigator. The panel shall
provide a copy of the complaint to the custody parenting investigator
and request a
written response from the custody 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 custody parenting investigator must provide a
copy of the
response to the complainant. The panel may, as circumstances warrant, request that the
complainant and the custody parenting investigator meet with the
panel to review the
allegations in the complaint.
(3) In reviewing a complaint, the panel shall consider whether the allegations in the complaint indicate any of the following forms of misconduct:
(B) violation of the code of conduct for custody parenting investigators, which is
included and incorporated in this rule as an Appendix;
(C) misrepresentation of qualifications to serve as a custody
parenting investigator;
(D) violation of state or local laws or court rules; or
(E) taking or failing to take any other action that would reasonably place the suitability
of the person to serve as a custody parenting investigator in question.
(4) Findings and Dispositions. In considering the complaint and the
custody parenting investigator's written response, the panel shall make findings regarding each of the
specific issues in the complaint to which the panel requested a response. The findings
must indicate that either there is no merit to the issue based on the custody parenting investigator's response or that there is merit to the issue. The panel shall determine
whether the issues found to have merit indicate any form of misconduct identified under
subparagraph (3). The panel may take any of the following actions: issue a written
reprimand, refer the custody investigator to additional training, require that the
custody parenting investigator be assigned a mentor for a specified period of time, or
direct that
the custody parenting investigator be removed from the roster. The
panel shall take into
consideration any prior complaints that resulted in the imposition of any of the identified
actions. The complainant and the custody parenting investigator must
be notified in
writing of the panel's disposition of the complaint. If the panel directs removal from the
roster, the panel may specify the manner and time frame within which the person may
apply for placement at a later time on the roster.
(5) Confidentiality. A complaint and any associated records are confidential unless the panel has determined under subparagraph (4) that the complaint has merit. Confidential records may be disclosed only in response to a court order.
(6) Time frames for Disposition. Complaints must be resolved within 25 days of receipt of the complaint if the complaint involves a pending case. All other complaints must be resolved within 120 days of receipt of the complaint. These time frames may be extended by the chair of the board upon a finding by the chair that good cause exists for an extension.
(g) Custody Parenting Investigator Training. The State Court
Administrator shall
provide for regular training programs to satisfy the qualification requirements under
paragraph (b)(2) and (3). The State Court Administrator shall provide for the
development and maintenance of a custody parenting investigator
manual to serve as a
resource for those providing services under this rule and as a basis for custody investigator training programs.
EXPLANATORY NOTE
Rule 8.6 was adopted, effective March 1, 2000; amended effective March 1, 2007; August 1, 2009.
SOURCES: Joint Procedure Committee Minutes of
May 21-22, 2009, pages ________;
September 24-25, 1998, pages 8-15; Court Services Administration Committee Minutes
of April 7, 2006 and July 14, 2006.