Probation reports; probation investigation and diagnostic assessment

§ 750. Probation reports; probation investigation and diagnostic
assessment. 1. All reports or memoranda prepared or obtained by the
probation service shall be deemed confidential information furnished to
the court and shall be subject to disclosure solely in accordance with
this section or as otherwise provided for by law. Except as provided in
section seven hundred thirty-five of this article, such reports or
memoranda shall not be furnished to the court prior to the completion of
the fact-finding hearing and the making of the required findings.

2. After the completion of the fact-finding hearing and the making of
the required findings and prior to the dispositional hearing, the
reports or memoranda prepared or obtained by the probation service and
furnished to the court shall be made available by the court for
examination and copying by the child's counsel or by the respondent if
he or she is not represented by counsel. All diagnostic assessments and
probation investigation reports shall be submitted to the court at least
five court days prior to the commencement of the dispositional hearing.
In its discretion the court may except from disclosure a part or parts
of the reports or memoranda which are not relevant to a proper
disposition, or sources of information which have been obtained on a
promise of confidentiality, or any other portion thereof, disclosure of
which would not be in the interest of justice. In all cases where a part
or parts of the reports or memoranda are not disclosed, the court shall
state for the record that a part or parts of the reports or memoranda
have been excepted and the reasons for its action. The action of the
court excepting information from disclosure shall be subject to review
on any appeal from the order of disposition. If such reports or
memoranda are made available to the respondent or his or her counsel,
they shall also be made available to the counsel presenting the petition
pursuant to section two hundred fifty-four and, in the court's
discretion, to any other attorney representing the petitioner.