13th Judicial Circuit of MissouriJuvenile Abuse & Neglect

Missouri Statute

Section 211.031.1(1), RSMo., establishes jurisdiction over abuse and neglect referrals:

Abuse is defined as any physical injury, sexual abuse or emotional abuse inflicted on a child, other than by accidental means, by those responsible for the child's care, custody and control, except that discipline, including spanking, administered in a reasonable manner, shall not be construed to be abuse.

Neglect is defined as the failure to provide, by those responsible for the care, custody and control of the child, the proper or necessary support; education as required by law; nutrition; or medical, surgical or any other care necessary for the child's well being.

Philosophy of Abuse/Neglect Unit

The philosophy of the Abuse/Neglect Unit of the 13th Circuit Juvenile Court is based on the strength-based treatment model which utilizes as a foundation of the family’s strengths with the assistance of Children’s Division, a support team, Court Appointed Special Advocates (CASA), and the community. As deputy juvenile officers in the Abuse/Neglect Unit of the 13th Circuit Juvenile Court, we will make a conscious effort to demonstrate respect to all parents and family support team members by supporting the duties and responsibilities inherent to each entity in order to provide an environment conducive to the well-being of the families and the children who come before the court.

The Abuse/Neglect Unit shares the responsibilities of assuring that children who come before the Juvenile Court grow up in safe, nurturing and permanent homes. Cases referred to the Juvenile Court by Children’s Division are investigated by a multidisciplinary team involving Children’s Division Investigator, deputy juvenile officer and law enforcement with the assistance of other community agencies and/or medical/mental health providers.

Formal Intervention:

Following an investigation, and when legal sufficiency is established and upon recommendation from the Children’s Division, a petition is filed with the court. Recommendations can include temporary legal custody of the child being placed with the Children’s Division for placement outside of the parental home. This occurs when the child’s safety cannot be maintained in the parent’s home due to physical, sexual, emotional abuse and/or neglect. Further recommendations could include for the child to remain within the home on the conditions the parents abide by specific court ordered conditions, such as participation in counseling, mental health services, parenting classes, etc.

Deputy juvenile officers provide ongoing court case management services and monitor compliance of all Orders of the Court.

Referrals to the Abuse/Neglect Unit are made by the Missouri Children’s Division and local law enforcement.

Upon a child being placed in the custody of the Children’s Division for placement outside the parental home, several Court hearings take place. Following is a description of each hearing held and the purpose of each hearing:

Protective Custody Hearing

When held: Within three business days of the child being removed from the home.

Purpose: To determine if it is necessary for the juvenile to remain out of custody of parents, guardian, or custodian.

• What are the circumstances that caused removal?
• What is the risk of harm/neglect if the juvenile is returned?
• Can the custodian appropriately care for and protect the juvenile?

Adjudication Hearing

When held: No later than 60 days after removal.

Purpose: To determine if the allegations in the petition are true.

Standard of Proof: Clear and convincing.

If the allegations in the petition are proved to be true, the juvenile is under the jurisdiction of the court.

Dispositional Hearing

When Held: Normally directly after the Adjudication Hearing or within 90 days of removal.

Purpose: To determine, in accordance with best interest of the juvenile.

• Who has legal and physical custody of the juvenile?
• Whether Children’s Division is required to engage in reasonable efforts to reunify the juvenile and family and what should be done to do so.

Scope of Inquiry:

• What are the circumstances that caused removal?
• What is the risk of harm/neglect if the juvenile is returned?
• Can the custodian appropriately care for and protect the juvenile?

If Children’s Division is required to make reasonable efforts, treatment plans are ordered into effect for all offending parties (i.e. biological, alleged, and legal parents).

If Children’s Division is not required to make reasonable efforts, then a Permanency Hearing must be held within 30 days.

Dispositional Review Hearing

When held: Held every 90 to 120 days after the Dispositional Hearing during the first twelve months in which the juvenile is in the custody of the Children’s Division.

Purpose: To monitor the actions of all parties involved with the juvenile’s case.

Scope of Inquiry:

• Are parties in compliance with treatment plan?
• Does said case plan need to be modified?
• Is there a continuing need for placement?
• Can an end date be given?

Permanency Hearing

When held: Within twelve months of the child’s initial placement or 30 days of a finding of no reasonable efforts.

Purpose: To determine, in accordance with best interest of the juvenile:

• The permanent plan for the juvenile
• Whether Children’s Division has made reasonable efforts to finalize a permanent plan for the juvenile.
• The permanency plan that is most appropriate for the juvenile; and the efforts required of Children’s Division to finalize said permanency plan.

Scope of Inquiry: What permanency plan is best for the juvenile?

Reunification or one of the following:

• Guardianship
• Adoption
• Permanent Relative Home Placement
• Another Planned Permanent Living Arrangement

Court must consider all relevant factors, including:

• Juvenile’s interaction with foster parents, parents, siblings, etc.
• Juvenile’s adjustment to home and community
• Mental & physical health of those involved
• Needs of the juvenile for a continuing relationship with parents, if they are fit.

Post-Permanency Review Hearing

When held: At 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.

Purpose: To determine, in accordance with best interest of juvenile:

• Whether the permanency plan is the most appropriate option for the juvenile.
• The efforts required of Children’s Division to finalize a permanency plan that is most appropriate for the juvenile.

Milestones for Abuse/Neglect Cases

In July 2005, time standards were put into place making it a requirement to hold specific types of hearings within certain time frames, pursuant to Section 211.032 RSMo. and Supreme Court Rule 124.01. Protective Custody hearings are required to be held within three days, excluding weekends and legal holidays. An adjudication hearing shall be held within 60 days after the child has been taken into custody and the dispositional hearing shall be held no later than 90 days after the child has been taken into custody. Review hearings regarding the reunification efforts made by the division shall be held every 90 to 120 days for the first year the child is in the custody of the division. After the first year, review hearings shall be held as necessary, but in no event less than once every six months for as long as the child is in the custody of the division.

In October 2008 and November 2009, the Thirteenth Judicial Circuit received awards for extraordinary success in holding timely hearings during the fiscal years 2008 and 2009 in child abuse and neglect cases in which children removed from their homes are to be reunited with their families or are to be placed in another permanency home as soon as possible. Both fiscal years resulted in 100% of the cases meeting required time frames. In fiscal year 2009, there were 1,306 cases that met the required time frames. Supreme Court Judge Mary Russell said at a ceremony in November, 2009 that "These hearings that are held truly help ensure that our juveniles and adults can find safe homes and environments in a timely manner."