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Supreme Court Rules

Section/Rule:124.01
Subject: Rule 124 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part II. Rules Relating to Child Abuse and Neglect Proceedings - Custody - Hearings Publication / Adopted Date:May 20, 2009
Topic:Schedule of HearingsRevised / Effective Date:January 1, 2010


124.01 SCHEDULE OF HEARINGS
a. If the juvenile in whose interest a petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is in temporary protective custody, the following hearings shall be held:
(1) within three days of the date the juvenile is taken into judicial custody, excluding Saturday, Sunday and legal holidays, a protective custody hearing as provided in Rule 123.05; and
(2) within 60 days of the date the juvenile is taken into judicial custody, an adjudication hearing as provided in Rule 124.06; and
(3) within 90 days of the date the juvenile is taken into judicial custody, a dispositional hearing as provided in Rule 124.07.
b. If the juvenile in whose interest a petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is in the legal custody of the children’s division, the following hearings shall be held:
(1) every 90 to 120 days after the dispositional hearing during the first 12 months in which the juvenile is in the custody of the children’s division, a dispositional review hearing as provided in Rule 124.08; and
(2) within 12 months of the date the juvenile is taken into judicial custody and at least annually thereafter, a permanency hearing as provided in Rule 124.09, unless the court has previously determined that the children’s division is not required to make reasonable efforts to reunify the family. If such determination is made, the permanency hearing shall be held within 30 days of such determination and at least annually thereafter; and
(3) as often as necessary after each permanency hearing, but at least every six months, during the period in which the juvenile remains in the custody of the children’s division, a permanency review hearing as provided in Rule 124.10.
c. Upon conclusion of each hearing, the juvenile officer shall provide written notice to all parties and the guardian ad litem of the date, time and place of the next scheduled hearing. The court appointed special advocate for the juvenile, and the current foster parents, or any pre-adoptive parent or relative providing care for the juvenile, shall also be provided with such notice. Mailed notice shall not be required for any party or other individual designated in this Rule 124.01 to whom notice of the next subsequent hearing was provided in writing upon conclusion of the immediately preceding hearing.
Comment
The time periods prescribed in Rule 124.01a do not apply when the juvenile in whose interest the petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is not in temporary protective custody.
The time periods prescribed in Rule 124.01b do not apply when the juvenile in whose interest the petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is not in the legal custody of the children’s division.
For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home. Therefore, the court should include this determination in any order entered after a protective custody hearing under Rule 123.05 and must make this determination in any order entered after an adjudication hearing under Rule 124.06.
Additionally, for such juvenile to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect. Therefore, the court should include this determination in any order entered after a dispositional review hearing under Rule 124.08 and must make this determination in any order after a permanency hearing under Rule 124.09.
Cross-reference: Section 211.032, RSMo.
(Adopted May 20, 2009, eff. Jan. 1, 2010.)