Supreme Court Rules - Rule 117 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part I. Rules Relating to all Juvenile Proceedings - Physical and Mental Examination: Physical and Mental Examination of Paren

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Supreme Court Rules

		Section/Rule:	117.02
Subject:	Rule 117 - Rules of Practice and Procedure in Juvenile and Family Court Divisions of The Circuit Court - Part I. Rules Relating to all Juvenile Proceedings - Physical and Mental Examination	Publication / Adopted Date:	May 20, 2009
Topic:	Physical and Mental Examination of Parents, Guardian or Custodian	Revised / Effective Date:	January 1, 2010

117.02 PHYSICAL AND MENTAL EXAMINATION OF PARENTS, GUARDIAN OR CUSTODIAN

a. Prior to the hearing on the petition or motion to modify, the court may order a physician, surgeon, psychiatrist or psychologist to perform a physical or mental examination of a parent, guardian or custodian whose ability to care for the juvenile in whose interest the petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, is in question.
b. After the hearing on the petition or motion to modify, the court may order a physician, surgeon, psychiatrist or psychologist to perform a physical or mental examination of any person whose ability to care for the juvenile in whose interest the petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, is in question.
c. A physical or mental examination under Rule 117.02a may be ordered only after a hearing, but a physical or mental examination under Rule 117.02b may be ordered without a hearing.
(Adopted May 20, 2009, eff. Jan. 1, 2010.)

Comment

A physical or mental examination of a juvenile's parent, guardian or custodian may be necessary to a full and proper adjudication of the allegations of a petition or motion to modify filed under subsection 1 of section 211.031, RSMo.
Additionally, the court may need information at the dispositional hearing in a proceeding under subsection 1 of section 211.031, RSMo, concerning the physical or mental condition of a proposed custodian in determining whether to place the juvenile in out-of-home placement.
Because of the time frames in Rules 124.01a(2) and 124.01a(3), the court should consider at the protective custody hearing the need to order a physical or mental examination of a parent, guardian or custodian.
[Adopted May 20, 2009, eff. Jan. 1, 2010.]