Supreme Court Rules - Rule 112 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part I. Rules Relating to all Juvenile Proceedings - Informal Adjustment: Termination of Informal Adjustment

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Supreme Court Rules

		Section/Rule:	112.04
Subject:	Rule 112 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part I. Rules Relating to all Juvenile Proceedings - Informal Adjustment	Publication / Adopted Date:	May 20, 2009
Topic:	Termination of Informal Adjustment	Revised / Effective Date:	March 1, 2020

112.04 TERMINATION OF INFORMAL ADJUSTMENT
a. The juvenile officer may terminate the informal adjustment process and either dismiss the juvenile without further proceedings or file a petition in the interest of the juvenile under subsection 1 of section 211.031, RSMo, if at any time:

(1) the juvenile officer determines that the juvenile or the juvenile’s parents, guardian or custodian has received maximum benefit from the informal adjustment process; or

(2) the juvenile or the juvenile’s parents, guardian or custodian declines to participate further in the informal adjustment process; or

(3) the juvenile or the juvenile’s parents, guardian or custodian denies the jurisdiction of the court to act under

subsection 1 of section 211.031, RSMo

;

(4) the juvenile or the juvenile’s parents, guardian or custodian requests that the facts be determined by the court at an evidentiary hearing; or

(5) the juvenile or the juvenile’s parents, guardian or custodian fails without reasonable excuse to attend a scheduled informal adjustment conference; or

(6) the juvenile officer determines that the juvenile or the juvenile’s parents, guardian or custodian is unable or unwilling to benefit from the informal adjustment process; or

(7) the juvenile officer determines based on new or additional information that further efforts at informal adjustment are not in the best interests of the juvenile, the juvenile’s parents, guardian or custodian, or the community; or

(8) other sufficient reasons exist for terminating the informal adjustment process.

b. The informal adjustment process shall not continue beyond a period of six months from the date of the informal adjustment agreement unless extended by the chief juvenile officer for an additional period not to exceed six months.
c. Upon termination of the informal adjustment process and dismissal of the juvenile without further proceedings, the juvenile officer shall notify the juvenile and the juvenile’s parents, guardian or custodian.
(Adopted May 20, 2009, eff. Jan. 1, 2010. Amended Aug. 30, 2019, eff. Mar. 1, 2020.)

Comment

Under this Rule 112.04, the informal adjustment process may not in any event continue beyond a period of 12 months from the date of the informal adjustment agreement. The purpose of a time limit upon the informal adjustment process is both to reduce the possibility of abuse and to require any long-range program for the juvenile or the juvenile’s parents, guardian or custodian to be approved by the chief juvenile officer.
The informal adjustment process does not authorize detention of the juvenile unless permitted by the juvenile code or by these rules.
[Adopted May 20, 2009, eff. Jan. 1, 2010. Amended Aug. 30, 2019, eff. Mar. 1, 2020.]