N.Y. Family Court Act § 750: Probation reports; probation investigation and diagnostic assessment

§ 750. Probation reports; probation investigation and diagnostic

assessment. 1. All reports or memoranda prepared or obtained by the

probation service shall be deemed confidential information furnished to

the court and shall be subject to disclosure solely in accordance with

this section or as otherwise provided for by law. Except as provided in

section seven hundred thirty-five of this article, such reports or

memoranda shall not be furnished to the court prior to the completion of

the fact-finding hearing and the making of the required findings.

2. After the completion of the fact-finding hearing and the making of

the required findings and prior to the dispositional hearing, the

reports or memoranda prepared or obtained by the probation service and

furnished to the court shall be made available by the court for

examination and copying by the child's counsel or by the respondent if

he or she is not represented by counsel. All diagnostic assessments and

probation investigation reports shall be submitted to the court at least

five court days prior to the commencement of the dispositional hearing.

In its discretion the court may except from disclosure a part or parts

of the reports or memoranda which are not relevant to a proper

disposition, or sources of information which have been obtained on a

promise of confidentiality, or any other portion thereof, disclosure of

which would not be in the interest of justice. In all cases where a part

or parts of the reports or memoranda are not disclosed, the court shall

state for the record that a part or parts of the reports or memoranda

have been excepted and the reasons for its action. The action of the

court excepting information from disclosure shall be subject to review

on any appeal from the order of disposition. If such reports or

memoranda are made available to the respondent or his or her counsel,

they shall also be made available to the counsel presenting the petition

pursuant to section two hundred fifty-four and, in the court's

discretion, to any other attorney representing the petitioner.