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What Are Social Investigations?

Written by Grace Casas Rowe and Andrea Steinacker

In the past, social investigations have been called custody evaluations.  They assess each parent’s ability to meet their children’s best interests. This normally covers parental responsibility and timesharing. Social investigations are supposed to provide the Court with  recommendations about parental responsibility and time-sharing to judges, who then decide final judgments.

When one parent calls the other’s parenting into question, the court often orders an investigation so the judge has accurate, unbiased information.  Cases involving special circumstances like domestic violence, child abuse, substance abuse, mental illness, long-distance relocation or a child with special needs are also likely to require social investigations.

Because the statute mandates specific professionals with credentials, the cost may be a barrier to the parents.  Often the costs can range from $1,500 to $5000 or more if the parents were to pay the providers directly.  The investigator will contact both parents and their attorneys (if they have them).  The investigators normally conduct home visits where they speak to the parents, the  child and any other members of the households. The investigator will also review documents such as, but not limited to,  medical/mental health records, police reports, the filings in the family’s court case and any other documents the parents and/or Guardian feel are important.

A parent or guardian ad litem can request an investigation, and a mediator can recommend one, but the judge ultimately decides whether to order it.

What is the legal authority for social investigations?
Florida Statute
61.20 Social investigation and recommendations regarding a parenting plan.

(1) In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. The agency, staff, or person conducting the investigation and study ordered by the court pursuant to this section shall furnish the court and all parties of record in the proceeding a written study containing recommendations, including a written statement of facts found in the social investigation on which the recommendations are based. The court may consider the information contained in the study in making a decision on the parenting plan, and the technical rules of evidence do not exclude the study from consideration.

(2) A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491. If a certification of indigence based on an affidavit filed with the court pursuant to s. 57.081 is provided by an adult party to the proceeding and the court does not have qualified staff to perform the investigation and study, the court may request that the Department of Children and Families conduct the investigation and study.

(3) Except as to persons who obtain certification of indigence as specified in subsection (2), for whom no costs are incurred, the parents involved in a proceeding to determine a parenting plan where the court has ordered the performance of a social investigation and study are responsible for paying the costs of the investigation and study. Upon submitting the study to the court, the agency, staff, or person performing the study shall include a bill for services, which shall be taxed and ordered paid as costs in the proceeding.