Supreme Court Rules - Rule 129 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part IV. Rules Relating to Status and Delinquency Proceedings - Dismissal to Allow Prosecution Under General Law: Investigation

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Supreme Court Rules

		Section/Rule:	129.03
Subject:	Rule 129 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part IV. Rules Relating to Status and Delinquency Proceedings - Dismissal to Allow Prosecution Under General Law	Publication / Adopted Date:	May 20, 2009
Topic:	Investigation	Revised / Effective Date:	January 1, 2010

129.03 INVESTIGATION
a. When the court orders a hearing under Rule 129.01, the juvenile officer shall make an investigation to aid the court in determining whether the juvenile is a proper subject to be dealt with under the juvenile code.
b. A written report of the investigation shall be made to the court and, prior to the hearing ordered under Rule 129.01, may be made available to the parties and shall be made available to counsel and others as provided by law.
c. The court may order a supplemental investigation by the juvenile officer and a written report thereof and may continue or adjourn the hearing ordered under Rule 129.01 to allow the juvenile officer to complete any supplemental investigation and written report thereof. Prior to the hearing or the resumption thereof, the written report of the supplemental investigation may be made available to the parties and shall be made available to counsel and others as provided by law.
(Adopted May 20, 2009, eff. Jan. 1, 2010.)

Comment

Section 211.071, RSMo, requires that an investigation be made and that the report thereof be received by the court before the court may dismiss the petition. This Rule 129.03 is not intended to enlarge upon or modify the scope of the investigation or of the report required by section 211.071.6, RSMo.
Kent v. United States, 383 U.S. 541 (1966), requires that counsel for the juvenile be afforded access to any social records to be considered by the court in deciding whether to relinquish jurisdiction over a juvenile.
[Adopted May 20, 2009, eff. Jan. 1, 2010.]