40-8-122. Investigation. (1) Upon the filing of a petition for adoption, the court shall order an investigation to be made by the department or by a licensed child-placing agency or other person named by the court, unless an investigation has been made prior to the filing as provided in subsection (4). The investigation may be waived by the court or the department if the petitioner is a stepparent of the child or if one of the petitioners is a member of the child's extended family. The report of investigation shall be filed with the court by the investigator at the time the petition is filed or within 30 days from the issuance of the order for investigation, unless time therefor is extended by the court. The report of the investigation shall state:
(a) whether the child is legally free for adoption;
(b) whether the proposed home is a suitable one for the child;
(c) that medical and social histories have been provided to the adoptive parent; and
(d) any other circumstances and conditions which may have a bearing on the adoption and of which the court should have knowledge.
(2) The court may order agencies named in subsection (1) located in one or more counties to make separate investigations on separate parts of the inquiry as may be appropriate.
(3) The report of the investigation shall become a part of the files in the case and shall contain a definite recommendation stating the reasons for or against the proposed adoption.
(4) (a) If an investigation has been made within the 6 months immediately preceding the filing of the petition, the court does not have to order a new investigation to be made.
(b) The report of the earlier investigation must contain the information and recommendation specified by subsections (1) and (3) and be filed with the petition for adoption.
History: En. Sec. 9, Ch. 240, L. 1957; amd. Sec. 48, Ch. 121, L. 1974; amd. Sec. 2, Ch. 495, L. 1975; R.C.M. 1947, 61-209; amd. Sec. 13, Ch. 530, L. 1981; amd. Sec. 3, Ch. 277, L. 1987; amd. Sec. 1, Ch. 406, L. 1987.
