December 07, 2010, 10:52
suzannewestsocial history reports
Under what authority are defense attornyes allowed to add to social history reports--or what authority can I cite to avoid it? Example--wants to add a witness statement that has nothing to do with disposition, only a different version of the alleged crime.
December 07, 2010, 12:25
david curlI think the only thing they are entitled to add is
Parental Written Statement under TFC 61.104. See 29 Tex. Prac., Juvenile Law And Practice § 13:6. Otherwise, the defense is only entitled to see the report “prior to” the disposition hearing. TEX. FAMILY CODE § 54.04(b).
The probation officer has final approval of the Social History. 37 TX ADC § 341.29 (“(a) In addition to any duties, responsibilities or powers granted by Title III of the Texas Family Code, the following duties and responsibilities shall be performed only by certified juvenile probation officers: . . . (2) final approval of written social history reports;")