Common Reports Used in Family Court

Family Court often uses reports to help make decisions, such as what is in a child’s best interests. Reports provide important information about the parents and child in a case. Reports may also include recommendations, though the court does not have to follow them. The type of report and who writes it depend on the case. This guide explains common reports used in custody, visitation, and family offense cases.

Tip

You can ask the jurist to order a report. The jurist is the judge, referee, or support magistrate assigned to your case. The jurist will decide whether a report is needed.

A Court-Ordered Investigation (COI) is when a child protective services (CPS) or social services agency gathers information about the parents and child in a case and then writes a report for the court. The report helps the court decide custody, visitation, or other issues related to the child. In New York City, the Administration for Children’s Services (ACS) usually does the COIs.

How is a COI done?

The agency may:

• Talk to the parents, caregivers, and other important people, such as others living in the home;
• Visit both parties’ homes to see living conditions;
• Speak with the child and look for possible signs of abuse or neglect;
• Review records of any previous child protective cases, arrests, or domestic violence; and
• Contact the child’s school or doctors.

Note

You cannot be present when the agency interviews other people or your child.

What is in the COI report?

A COI report usually includes:

• Basic background information on the family;
• Whether the home is safe and has sufficient resources (for example, separate beds, smoke detectors, window guards, or food in the fridge);
• Any concerns about neglect, domestic violence, or substance use; and
• Information from interviews with the child and other people.

Be Aware 

CPS can use what they find to start a child abuse or neglect investigation.

Supervised visitation happens when the court has concerns about a child’s safety or well-being. Supervised visits are usually held at an agency. Sometimes the court may order therapeutic visitation. This is when a therapist works with the parent and child to develop a healthy and safe relationship.

The staff supervising the visit usually writes notes or reports after each visit. The court can use these reports to decide whether to:

• Keep supervision in place;
• Move visits to unsupervised or less restricted settings; or
• Address safety issues.

What is in a supervised visitation report?

The report usually covers things like:

• Attendance: Did the parent show up on time? Did the child attend?
• Interaction: How did the parent and child act together? Did the child seem comfortable?
• Concerns: Were there safety issues or rule-breaking? For example, “The parent tried to discuss the court case with the child.”
• Neutral Observations: What happened during the visit? For example, “The parent played with the child for most of the session.” Usually the report does not give an opinion, such as “The parent is a good parent.”

Did You Know?

The court can order a trusted family member or friend to supervise visits. Usually both parties and the attorney for the child must agree on this. When this happens, the court will not get a report about the visits.

A forensic evaluation is a written evaluation by a mental health professional who is appointed by the court to help make a decision about the child. The mental health professional may be a psychologist, psychiatrist, or social worker. Forensic evaluations are most often used in custody or visitation cases.

How is the evaluation done?

During this process, the evaluator may:

• Meet with each parent or caregiver, both separately and with the child;
• Spend time with the child, sometimes more than once and in different settings;
• Speak with relatives, teachers, doctors, therapists, or other important people in the child’s life;
• Review records, such as school, medical, police, or prior court records; or
• Give psychological tests, if needed.

What is in the forensic evaluation?

The report usually includes:

• Background information on the family and living situations;
• Observations from meetings and interviews;
• Test results if testing was done (for example, a personality assessment or child abuse inventory);
• Impressions about each parent’s strengths, weaknesses, and parenting styles;
• Concerns about safety and stability for the child; and
• Recommendations to help the court make a decision.

The Family Court uses the information in these reports to help make final decisions, such as where a child should live or how visits should happen. The court can (but does not have to) follow recommendations in the reports. The court gives a lot of weight to forensic evaluations because they provide expert opinions. The court gives less weight to COIs because they provide factual information and are not written by experts.

If the court orders a COI or forensic evaluation in your case, it is important to prepare. You can:

• Work with your lawyer (if you have one) on a strategy of how to present your case;
• Collect helpful evidence (for example, police reports, school records, or medical records); and
• Make a list of key people (like your child’s teachers or doctors) and their contact information to give to the investigator.

It depends on the type of report:

• COI: The agency (for example, ACS) typically pays for the COI.
• Forensic Evaluation: Sometimes the costs of a forensic evaluation are split between the parties based on income. If you cannot afford the cost, the court can order the state or county to cover the costs. You may need to provide information about your income so the court can determine if you are financially eligible.
• Supervised Visitation Reports: The visiting parent often pays for these reports. Sometimes the costs are split between the parties or, if necessary, paid by the state or county.

Yes. Reports are sent directly to the court and then shared with the lawyers and the Attorney for the Child (AFC), if there is one. The AFC’s job is to represent your child and tell the court what your child wants. If you do not have a lawyer, the court must still let you review the reports. Sometimes this is done in the court’s record room. You can take notes. However, you usually cannot make copies, take photos, or bring the reports home.

At your next court date, you can tell the court what you disagree with or what you think is wrong in the report. Bring any evidence you have to support this. Remember, the report is only one part of what the court considers when making a decision. The court will also consider what both parties say, review the evidence, and listen to witness testimony.

Family Legal Care offers free legal information and advice on New York family law and court procedure. Call our Helpline at 212-343-1122 or visit our Get Help page.

This document only provides legal information and should not be considered legal advice. If you are seeking advice, please consult with an attorney. Family Legal Care does not provide people with legal representation and no attorney-client relationship has been established through your use of this document. Family Legal Care encourages all individuals involved with the Criminal and Family Court systems to consult with a lawyer.