Florida Family Law Rule 12.364
RULE 12.364. SOCIAL INVESTIGATIONS
(a) Applicable to Social Investigations. This rule shall
apply to the appointment of an investigator to conduct a social
investigation and study under section 61.20, Florida Statutes.
(b) Appointment of Social Investigator. When the issue of
time-sharing, parental responsibility, ultimate decision-making, or
a parenting plan for a minor child is in controversy, the court, on
motion of any party or the court’s own motion, may appoint an
investigator under section 61.20, Florida Statutes. The parties may
agree on the particular investigator to be appointed, subject to
approval by the court. If the parties have agreed on the need for a
social investigation or the court has determined there is such need,
and the parties cannot agree on the selection, the court shall select
and appoint an investigator. The social investigator must be
qualified as an expert under section 90.702, Florida Statutes, to
testify regarding the written study.
(c) Order for Social Investigation. The order for a social
investigation shall state whether this is an initial establishment of a
parenting plan or a modification of an existing parenting plan. The
investigator shall be required to consider the best interests of the
child based upon all of factors affecting the welfare and interest of
the particular minor child and the circumstances of that family,
including, but not limited to the statutory factors set forth in
section 61.13, Florida Statutes.
(d) Order Appointing Social Investigator. An order
appointing a social investigator shall state that the investigator is
being appointed under section 61.20, Florida Statutes, and shall
state:
(1) The name, address, and telephone number for each
parent.
(2) The name, address, and telephone number of the
investigator being appointed.
(3) Any specific issues to be addressed.
(4) An initial allocation of responsibility for payment of
the costs for the social investigation. The court may consider taxing
the costs at a final hearing.
(5) The order shall direct the parties to contact the
investigator appointed by the court to establish an appointment
schedule to facilitate timely completion of the investigation. A copy
of the order of appointment shall be provided immediately to the
investigator by the court, unless otherwise directed by the court.
(e) Written Study with Recommendations. The
investigator shall prepare a written study with recommendations
regarding a parenting plan, including a written statement of facts
found in the social investigation on which the recommendations are
based. The written study with recommendations shall be furnished
to the court and a copy provided to all parties of record by the
investigator at least 30 days before any hearing at which the court
is to consider the written study and recommendations, unless
otherwise ordered by the court.
(f) Additional Investigation. After the written study is
furnished to the court, any party may file a motion for an additional
expert examination, evaluation, interview, testing, or investigation.
The court upon hearing may order the additional examination,
evaluation, testing, or interview of the minor child based on the
court finding that the investigation is insufficient and that further
examinations, testing, interviews, or evaluations of the minor child
would be in the best interests of the minor child.
(g) Production of File. On motion of any party, the court
may order the investigator to produce the investigator’s complete
file to another qualified investigator for review by such investigator,
who may render an opinion and testify.
(a) Applicable to Social Investigations. This rule shall
apply to the appointment of an investigator to conduct a social
investigation and study under section 61.20, Florida Statutes.
(b) Appointment of Social Investigator. When the issue of
time-sharing, parental responsibility, ultimate decision-making, or
a parenting plan for a minor child is in controversy, the court, on
motion of any party or the court’s own motion, may appoint an
investigator under section 61.20, Florida Statutes. The parties may
agree on the particular investigator to be appointed, subject to
approval by the court. If the parties have agreed on the need for a
social investigation or the court has determined there is such need,
and the parties cannot agree on the selection, the court shall select
and appoint an investigator. The social investigator must be
qualified as an expert under section 90.702, Florida Statutes, to
testify regarding the written study.
(c) Order for Social Investigation. The order for a social
investigation shall state whether this is an initial establishment of a
parenting plan or a modification of an existing parenting plan. The
investigator shall be required to consider the best interests of the
child based upon all of factors affecting the welfare and interest of
the particular minor child and the circumstances of that family,
including, but not limited to the statutory factors set forth in
section 61.13, Florida Statutes.
(d) Order Appointing Social Investigator. An order
appointing a social investigator shall state that the investigator is
being appointed under section 61.20, Florida Statutes, and shall
state:
(1) The name, address, and telephone number for each
parent.
(2) The name, address, and telephone number of the
investigator being appointed.
(3) Any specific issues to be addressed.
(4) An initial allocation of responsibility for payment of
the costs for the social investigation. The court may consider taxing
the costs at a final hearing.
(5) The order shall direct the parties to contact the
investigator appointed by the court to establish an appointment
schedule to facilitate timely completion of the investigation. A copy
of the order of appointment shall be provided immediately to the
investigator by the court, unless otherwise directed by the court.
(e) Written Study with Recommendations. The
investigator shall prepare a written study with recommendations
regarding a parenting plan, including a written statement of facts
found in the social investigation on which the recommendations are
based. The written study with recommendations shall be furnished
to the court and a copy provided to all parties of record by the
investigator at least 30 days before any hearing at which the court
is to consider the written study and recommendations, unless
otherwise ordered by the court.
(f) Additional Investigation. After the written study is
furnished to the court, any party may file a motion for an additional
expert examination, evaluation, interview, testing, or investigation.
The court upon hearing may order the additional examination,
evaluation, testing, or interview of the minor child based on the
court finding that the investigation is insufficient and that further
examinations, testing, interviews, or evaluations of the minor child
would be in the best interests of the minor child.
(g) Production of File. On motion of any party, the court
may order the investigator to produce the investigator’s complete
file to another qualified investigator for review by such investigator,
who may render an opinion and testify.