West Virginia Code § 48-9-301

Court-ordered investigation
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(a) In its discretion, the court may order a written investigation and report to assist it in
determining any issue relevant to proceedings under this article: Provided, That the court
must serve notice to all parties of the court's order. The investigation and reeport may be
made by the guardian ad litem, the staff of the court, or other professional social service
organization experienced in counseling children and families: Providedr, That the court shall
identify to all parties the identity of the assigned investigator, and the investigator shall be a
compulsory witness and subject to full examination and cross-examination by both parties.
The court shall specify the scope and objective of the investigation or evaluation and the
authority of the investigator. t
(b) In preparing the report concerning a child, the investigator may consult any person who
may have information about the child and the potential parenting or custodian
arrangements: Provided, That the person(s) consulted by the investigator shall be identified
to the parties and shall be subject to completes discovery including but not limited to pre-
hearing deposition. Upon order of the court, the investigator may refer the child to
professional personnel for diagnosis. The investigator may consult with and obtain
information from medical, psychiatric or other expert persons who have served the child in
the past without obtaining the consent of the parent or the child's custodian; but the child's
consent must be obtained if thee child has reached the age of twelve, unless the court finds
that the child lacks mental capacity to consent. If the requirements of subsection (c) of this
section are fulfilled, theL investigator's report may be received in evidence at the hearing.
(c) The investigator shall deliver the investigator's report to counsel and to any party not
represented by counsel at least 10 days prior to the hearing unless a shorter time is ordered
by the court for good cause shown: Provided, That in no event shall the hearing take place
until after the report has been provided to the parties and the completion of any discovery
reqWuested thereupon. The court may grant a continuance, upon motion by a party showing
good cause that discovery cannot be adequately completed within 10 days. The investigator
shall make available to counsel and to any party not represented by counsel the
investigator's file of underlying data and reports, records or documents reviewed or relied
upon by the investigator, complete texts of diagnostic reports made to the investigator
pursuant to the provisions of subsection (b) of this section, and the names and addresses of
all persons whom the investigator has consulted. Any party to the proceeding may call as a
hearing witness the investigator and any person whom the investigator has consulted for
cross-examination. A party may not waive the right of cross-examination prior to the hearing.
(d) Services and tests ordered under this section shall be ordered only if at no cost to the
individuals involved, or at a cost that is reasonable in light of the available financial
resources.

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