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CIVIL RULE NO. 23

Dissemination of Custody Investigation Reports

1. Application of Rule. This rule applies to cases where the court directs that a written report be prepared by an investigator relating to legal custody, parenting time or visitation issues.

2. Investigator Defined. The term "investigator" includes anyone whom the court directs to make an investigation or evaluation, including a court services officer, mental health professional, CASA volunteer, and a guardian ad litem.

3. Delivery of Report. A copy of the report shall be provided by the investigator to court for dissemination to the attorney of record for each party.

4. Limitation on Dissemination of Report. Attorneys may generally discuss the contents of the report with their clients, but shall not give a copy of the report to their clients and shall not permit their clients to read or make notes from the report. If the investigator clearly designates a portion or portions of the report for general release, those portions may be read by the client or copied and released to the client. The remaining portions of the report shall remain confidential and shall not be read by or released to the client.

5. Pro Se Litigants; Dissemination of Report. If a party is not represented by an attorney of record, the report shall be made available for review by the pro se litigant, but no copy of the report shall be given to unrepresented parties. The review of the report by a pro se litigant shall be subject to such conditions as the court shall determine.

If a pro se litigant is allowed to read the report, then the represented litigant shall be allowed that same privilege. Portions of the report designated for general release under part 4 above may be copied.

6. Exceptions; Procedure. Pursuant to K.S.A. 60-1615(c), exceptions to this policy may be granted upon a showing of necessity after a written motion and hearing unless the court finds that distribution of the report would be harmful to either party, the child, the investigator, or other witnesses. A copy of the motion and notice of hearing shall be served upon the investigator who prepared the report, who shall be allowed to advise the court regarding the investigator's recommendations as to the risks of providing a written copy of the report.

7. Required Language. The following notice shall be included as part of any order for child custody investigation or other report.

IT IS BY THE COURT ORDERED that the attorneys of record may discuss the contents of the report with their clients but shall not give a copy of the report to their clients and shall not permit the clients to read or make notes from the report unless otherwise ordered pursuant to K.S.A. 60-1615(c) and Johnson County Local Rule No. 23. Portions of the report specifically designated by the investigator for general release may be read, copied, and released to clients.

IT IS FURTHER ORDERED that a party not represented by counsel shall be allowed to review the report, but shall not be provided with a copy of such report. If a party not represented by counsel reviews the report, the represented party shall also be allowed to review the report. The court may set further conditions upon the review of the report by a party as may be deemed appropriate.

IT IS FURTHER ORDERED that failure to comply with the terms of this order, by either an attorney or a party, may be punishable by such sanctions for contempt as the court may determine.