452.390. Investigation and report on custodial arrangements for a child — how conducted — report due, when — material to be available to counsel and parties. — 1. The court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by the county welfare office, the county juvenile officer, or any other competent person.
2. In preparing his report concerning a child, the investigator may consult any person who may have information about the child and his potential custodial 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, but the child's consent must be obtained if he has reached the age of sixteen, unless the court finds that he lacks mental capacity to consent.
3. At least ten days prior to the hearing the investigator shall furnish his report to counsel and to any party not represented by counsel. No one else, including the court, shall be entitled thereto prior to the hearing. The investigator shall make available to counsel and to any party not represented by counsel an investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection 2, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call as witnesses the investigator and any person whom the investigator has consulted.
Notes of Decisions
Cited in
24
cases, 1975–2017 · leading case:
Welch v. Welch, 633 S.W.2d 447 (Mo. Ct. App. 1982).
Welch v. Welch, 633 S.W.2d 447 (Mo. Ct. App. 1982).
· cites it 3× “The guardian ad litem moved for an investigation as provided in § 452.390, RSMo 1978 and on May 20,1980 the court ordered the investigation to include a study of the homes maintained by both parents.”
T.W. ex rel. R.W. v. T.H., 393 S.W.3d 144 (Mo. Ct. App. 2013).
· cites it 2× “A home study, as described by section 452.390, may be ordered by the court to assist in determining the best interests of the child.”
In Re Marriage of Cavitt, 564 S.W.2d 53 (Mo. Ct. App. 1978).
· cites it 3× “§ 452.390, Laws of Missouri 1973 p. 470. She testified at length concerning her investigation and as to what she saw at the father’s house and at the home of his aunt who took care of the child during week days and with whom the child frequently stayed.”
Hutton v. French, 231 S.W.3d 826 (Mo. Ct. App. 2007).
· cites it 2× “A home study, as described by section 452.390, may be ordered by the court to assist in determining the best interests of the child.”
Smead v. Allen, 581 S.W.2d 93 (Mo. Ct. App. 1979).
· cites it 2× “The reports had been ordered by the court under the authority of § 452.390, RSMo Supp. 1975. In admitting these reports, the court was in error.”
Johnston v. Johnston, 573 S.W.2d 406 (Mo. Ct. App. 1978).
· cites it 2× “These points are that the court erred in not considering respondent Roger’s prior conduct (II); in not ordering a full investigation and report, as provided in § 452.390 RSMo, 1973 Supp., with regard to the proposed custodial arrangements for Dana, before ordering her custody…”
Johnson v. Johnson, 526 S.W.2d 33 (Mo. Ct. App. 1975).
· cites it 2× “The pertinent statute is § 452.390 RSMo 1973 Supp., V.A.M.S., which provides in part that the court “may order an investigation and report concerning custodial arrangements for the child.”
De Rubio v. Herrera, 541 S.W.3d 564 (Mo. Ct. App. 2017).
“While the court could have ordered an "investigation and report concerning custodial arrangements" under § 452.390, we cannot say that the court erred in concluding that it was unnecessary under these circumstances.”
Sanfilippo v. Sanfilippo, 637 S.W.2d 77 (Mo. Ct. App. 1982).
· cites it 2× “The court ordered, under § 452.390 RSMo. 1978, that a juvenile officer conduct an investigation and make a written report.”
Marriage of Winters v. Winters, 617 S.W.2d 585 (Mo. Ct. App. 1981).
· cites it 2× “upon incompetent evidence, over objection of counsel, because it was based upon the home study report which was cursory and limited and could not support the judgment, and the refusal of the investigatory agency (the juvenile court) to consider more than five references,…”
Mildred v. Darryl, 743 S.W.2d 111 (Mo. Ct. App. 1988).
· cites it 2× “Section 452.390’s language as to an order for a home investigation is couched in similar language, i.”
In Interest of B----M----P, 704 S.W.2d 237 (Mo. Ct. App. 1986).
“Cavitt involved a report prepared pursuant to § 452.390, Laws 1973, p. 470. 564 S.W.2d at 56 [1].”
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.