Does anyone have an opinion (need I ask?) about whether a PSI at a juvenile disposition hearing must actually be admitted in evidence before the court can consider it? I have read 54.04(b,)Family Code and it does not appear to require admission, but we have a difference of opinion. I understand that in some counties, at the disposition after a plea of true, it is admitted and in some it is not.

We do not offer them into evidence.
I have another question along those lines. Should prior arrests that did not end up with a conviction be reported in the PSI? I know the judge is presumed not to consider inadmissible evidence but my judge by his in court comments clearly lets that info. persuade him.

We routinely admit them at the disposition phase. Many times they contain a referral history about prior bad acts of the juvenile for which no action was taken or an informal probation (DPA) was given.

At each subseuent hearing (such as a motion to modify), an updated document is admitted into evidence.

Does anybody have any authority on whether it is required to be admitted before the judge can consider it? The statute does not appear to require it. Thanks.

We have asked our trial people to get these admitted to avoid the hassle of getting social histories supplemented into the record on appeal.

For authority that they don't have be admitted see In re J.A.W., 976 S.W.2d 260, 263-64 (Tex.App. � San Antonio 1998, no pet.). There are several PSI cases that say the same thing. Rodriguez v. State, 71 S.W.3d 778 (Tex.App. � Texarkana 2002, no pet): Ruffin v. State, 3 S.W.3d 140, 145 (Tex.App. -- Houston [14th Dist.] 1999, pet. ref'd).
I recently had a nasty fight to get a social hstory supplemented into the appellate record I'd be happy to send you our trial brief -- it convinced our trial judge.