Supreme Court Rules - 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

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Supreme Court Rules

		Section/Rule:	124.08
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:	Dispositional Review Hearing	Revised / Effective Date:	January 1, 2010

124.08 DISPOSITIONAL REVIEW HEARING
a. A dispositional review hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01b(1). The hearing may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements. The court may take judicial notice of the court’s file. The court may take testimony or receive evidence. The rules of evidence do not apply.
b. At such a dispositional review hearing, the court shall consider any written reports or social records presented by any party and determine:
(1) the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;
(2) the efforts of the children’s division to reunify the family and whether those efforts have been reasonable;
(3) the compliance of the parties with the social service plan and any court-ordered services;
(4) whether the children’s division is required to continue to engage in reasonable efforts to reunify the family;
(5) the recommendations of the children’s division and the juvenile officer; and
(6) the recommendations of the guardian ad litem and court appointed special advocate.
c. At such a dispositional review hearing, the court shall:
(1) enter an order for the legal and physical custody of the juvenile and, if awarding legal and physical custody of the juvenile to a parent, guardian or custodian, relieve the children’s division of custody and, if appropriate, terminate jurisdiction;
(2) continue or, as appropriate, modify the social service plan and any court-ordered services;
(3) make a finding on whether the children’s division is required to continue to engage in reasonable efforts to reunify the family and, if so, order the reasonable efforts necessary to effect reunification; and
(4) schedule another dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rules 124.01b(1) and 124.01b(2) respectively.
(Adopted May 20, 2009, eff. Jan. 1, 2010.)

Comment

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out of home placement, and a juvenile in out of home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.
Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.
[Adopted May 20, 2009, eff. Jan. 1, 2010.]

Cross-reference: Sections 211.032.4, 210.127.2, RSMo.