Sec. 12. (a) In custody proceedings after evidence is
submitted upon the petition, if a parent or the child's custodian so
requests, the court may order an investigation and report concerning
custodial arrangements for the child. The investigation and report may
be made by any of the following:
(1) The court social service agency.
(2) The staff of the juvenile court.
(3) The local probation department or, if the child is the subject
of a child in need of services case under IC 31-34, the department
of child services.
(4) A private agency employed by the court for the purpose.
(5) A guardian ad litem or court appointed special advocate
appointed for the child by the court under IC 31-17-6 (or IC 31-1-11.5-28 before its repeal).
(b) In preparing a report concerning a child, the investigator may
consult any person who may have information about the child and the
child's potential custodian arrangements. 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. However, the child's consent must be obtained if the child
is of sufficient age and capable of forming rational and independent
judgments. If the requirements of subsection (c) are fulfilled, the
investigator's report:
(1) may be received in evidence at the hearing; and
(2) may not be excluded on the grounds that the report is hearsay
or otherwise incompetent.
(c) The court shall mail the investigator's report to counsel and to
any party not represented by counsel at least ten (10) days before the
hearing. The investigator shall make the following available to counsel
and to any party not represented by counsel:
(1) The investigator's file of underlying data and reports.
(2) Complete texts of diagnostic reports made to the investigator
under subsection (b).
(3) The names and addresses of all persons whom the investigator
has consulted.
(d) Any party to the proceeding may call the investigator and any
person whom the investigator has consulted for cross-examination. A
party to the proceeding may not waive the party's right of
cross-examination before the hearing.
[Pre-1997 Recodification Citation: 31-1-11.5-22(a), (b),
(c).]
As added by P.L.1-1997, SEC.9. Amended by P.L.146-2008,
SEC.558.
Notes of Decisions
Cited in
21
cases (
4 in the last 5 years), 1998–2026 · leading case:
In Re Paternity of MJM, 766 N.E.2d 1203 (Ind. Ct. App. 2002).
In Re Paternity of MJM, 766 N.E.2d 1203 (Ind. Ct. App. 2002).
· cites it 10× “I.C. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
Kanach v. Rogers, 742 N.E.2d 987 (Ind. Ct. App. 2001).
· cites it 2× “rules, it should have been sealed because it did not comply with Indiana Code § 31-17-2-12. That section provides that in custody proceedings, “after evidence is submitted upon the petition, if a parent or the child’s custodian so requests, the court may order an investigation…”
Theobald v. Theobald, 804 N.E.2d 284 (Ind. Ct. App. 2004).
· cites it 4× “The trial court's order does not specify whether the home study was to be made pursuant to Indiana Code section 31-17-2-10 or to Indiana Code section 31-17-2-12. However, section 12 requires that a parent or the child's custodian request such a study.”
Deasy-Leas v. Leas, 693 N.E.2d 90 (Ind. Ct. App. 1998).
· cites it 2× “CODE § 31-17-2-12 (1997 Supp.) provides that a court may appoint an investigator, which may be a guardian ad litem, for an investigation and report on custody.”
Baxter v. McKinney, 766 N.E.2d 1203 (Ind. Ct. App. 2002).
· cites it 6× “IC. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
N R v. A R, No. 25A-PO-00783 (Ind. Ct. App. Dec. 2, 2025).
· cites it 14× “Mother argues: Because [Wagenblast] was not actually acting as the Court appointed GAL at the time of the hearing, his testimony was not afforded the protections of Ind. Code § 31-17-2-12 , and his testimony was still subject to the standard Indiana Rules of Evidence.”
Paternity: Genesis Palma v. Zachary Kent Keown, No. 23A-JP-02316 (Ind. Ct. App. Aug. 14, 2024).
· cites it 8× “[38] Indiana Code Section 31-17-2-12 allows the trial court to order an investigation and report in custody proceedings, and the investigation may be performed by a guardian ad litem.”
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026).
· cites it 8× “Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
Kristopher G. Richter v. Kaylie E. Sexton (mem. dec.), No. 71A03-1710-JP-2394 (Ind. Ct. App. Aug. 16, 2018).
· cites it 4× “[19] On May 8, 2017, Father filed a motion to compel discovery referencing his subpoena duces tecum for Mother’s college and clinical schedule and another motion for a continuance in which he alleged that he requested a copy of the investigation file pursuant to Ind. Code §…”
In Re: The Guardianship of C.R. & A.R. E.R. v. M.S. & D.S. (mem. dec.), No. 79A02-1603-GU-569 (Ind. Ct. App. Dec. 27, 2016).
· cites it 2× “We concluded that under the plain language of Indiana Code section 31-17-2-12, “the trial court does not have the authority to order [a child custody] evaluation in a visitation proceeding, absent a request to do so from a parent or custodian.”
Ind. Code § 31-17-2-12(a): 2 cases
Paternity: Genesis Palma v. Zachary Kent Keown, No. 23A-JP-02316 (Ind. Ct. App. Aug. 14, 2024).
“[38] Indiana Code Section 31-17-2-12 allows the trial court to order an investigation and report in custody proceedings, and the investigation may be performed by a guardian ad litem.”
Ind. Code § 31-17-2-12(a)(5): 1 case
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026).
“Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
Ind. Code § 31-17-2-12(b): 3 cases
N R v. A R, No. 25A-PO-00783 (Ind. Ct. App. Dec. 2, 2025).
“Mother argues: Because [Wagenblast] was not actually acting as the Court appointed GAL at the time of the hearing, his testimony was not afforded the protections of Ind. Code § 31-17-2-12 , and his testimony was still subject to the standard Indiana Rules of Evidence.”
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026).
“Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
Ind. Code § 31-17-2-12(c): 5 cases
In Re Paternity of MJM, 766 N.E.2d 1203 (Ind. Ct. App. 2002).
“I.C. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
Baxter v. McKinney, 766 N.E.2d 1203 (Ind. Ct. App. 2002).
“IC. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
N R v. A R, No. 25A-PO-00783 (Ind. Ct. App. Dec. 2, 2025).
“Mother argues: Because [Wagenblast] was not actually acting as the Court appointed GAL at the time of the hearing, his testimony was not afforded the protections of Ind. Code § 31-17-2-12 , and his testimony was still subject to the standard Indiana Rules of Evidence.”
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026).
“Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
Ind. Code § 31-17-2-12(d): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.