13th Judicial Circuit of MissouriJuvenile Deliquency & Supervision

Missouri Statute

Section 211.031.1(2), RSMo., establishes jurisdiction over status offenses:

Status offenses are offenses that are violations only if committed by a juvenile. Examples of status offenses include running away from home, truancy, behavior beyond parental control, and behavior injurious to self or others, as well as supervision violations.

Section 211.031.1(3), RSMo., establishes jurisdiction over delinquency violations:

Delinquency violations are violations of municipal codes or the Missouri criminal code, including acts against persons, acts against property, acts against public order and traffic offenses.

Traffic offenders are under the jurisdiction of the juvenile officer for all felony offenses or when they are under the age of 15 ½ years.

Delinquency and Supervision Services

The Delinquency team provides supervision to youth who have been involved in committing law violations and status offenses. The role of juvenile probation is that of a catalyst for developing safe communities and healthy youth and families. All officers of the delinquency team are located in either the Boone or Callaway County Juvenile Offices.

The purpose of the Supervision team is to allow at-risk youth to remain in the community and with their families, while remaining under the supervision of the court. Deputy Juvenile Officers carry out the duties associated with supervising juveniles on court-ordered or informal probation. Juvenile supervision provides various levels of supervision that are based on several factors including: protection of the community; a risk and needs assessment; out-of-home placements, and amenability to rehabilitation. The Supervision team is responsible for a multitude of tasks aside from supervising its clientele. Monitoring the Evening Reporting Center, In-Home Detention Program, facilitating many in-house programs, and maintaining relationship with and utilizing our community partners and resources are among the responsibilities for which the Supervision team is accountable.

Formal Supervision: Supervising deputy juvenile officers are responsible for supervising moderate to high risk youth offenders. Youth are referred to a deputy juvenile officer after being adjudicated by the Juvenile Court. Youth under formal supervision normally remain in the community. This allows them to remain in school, take advantage of our community’s resources, and still be held accountable for their actions. Every youth’s needs and risks can vary significantly which is why our deputy juvenile officers develop individual supervision contracts for their clientele which include varying levels of supervision, as well as referrals to appropriate counseling, education, and treatment programs.

• Supervision Letter

Informal Supervision: The primary difference between Informal and Formal Supervision is that Informal Supervision youth are referred to probation by their associated deputy juvenile officer instead of adjudication by the Juvenile Court. Informal supervision provides youth offenders with the opportunity to be held accountable for their actions without having formal court action taken against them. Once referred to probation, every effort is made to provide the youth with the same individualized supervision and treatment as those placed under Formal Supervision. Informal Supervision can last up to six months, whereas formal probation is not time limited.

• Sanctions Grid and Alternatives to Detention

Summary

THE FAMILY COURT JUDGES

1. Hear evidence presented by the Attorney for the Juvenile Officer.
2. Decides whether the charges are true or not.
3. If true, the Judge/Commissioner make orders relating to the placement and the services made available for the juvenile and family.

THE JUVENILE OFFICER

THE ATTORNEY FOR THE JUVENILE OFFICER

1. Decides whether a petition and charges will be filed.
2. Prepares the necessary paperwork including the charges and notice to the juvenile and parents.
3. Interviews witnesses and victims and prepares for the Court hearing.
4. Presents the state’s case to the Judge.

Court Process

1. The filing of a “petition” begins the court procedure dealing with a juvenile. The petition will contain the “charges” or violations of the criminal laws. Only the Juvenile Officer may file the petition.
2. A hearing date is set. A summons may be issued directing the juvenile to attend the hearing and requiring the child’s custodian to be present.
3. When a juvenile is taken into judicial custody he/she is released at once to a suitable person unless the court has ordered the juvenile to be in secure detention, or an alterative to secure detention.
4. Unless otherwise ordered by the court, a juvenile is not held in detention for a period of more than twenty-four hours.
5. If the court orders the juvenile be held in custody, the judge will include the name of the facility in the order.
6. A juvenile is not entitled to a bail or bond.
7. If a juvenile is held in a detention facility, the detention hearing will be held within three working days.
8. The purpose of the hearing is to determine whether the juvenile should be held in secure detention, a non-secure alternative, or sent home.

Certification

1. There are times when juvenile offenders may be certified as an adult and transferred to the adult criminal system. Juvenile between the ages of twelve and seventeen years old who have committed a felony under the adult criminal law (sometimes referred to as the general law) may be certified. At any age, youths who are alleged to have committed a serious offense, such as murder, sale of drugs, robbery, rape or first degree assault, or who have repeated felony adjudications may be certified as an adult and transferred to the adult criminal system. (Section 211.071, RSMo.)

A hearing is held with all safeguards of notice, counsel and other rights. The only issue is whether the juvenile is proper subject to be dealt with under the Juvenile Code. Factors considered by the court include:

• Whether the alleged offense involved viciousness, force or violence.
• Whether the alleged offense is part of a pattern of offenses indicating that the juvenile is beyond rehabilitation under the Juvenile Code.
• The juvenile’s prior record.
• The programs and facilities available to the court to treat or rehabilitate the juvenile.

* The court does not determine the guilt or innocence of the juvenile in determining whether to waive jurisdiction.

2. If the court finds the juvenile is not a proper subject to be dealt with under the Juvenile Code, it orders the petition dismissed. A copy of the petition and order of dismissal are sent to the prosecuting attorney, who may then charge the juvenile under the general law. The juvenile is then prosecuted as an adult, using procedures outlined in Handbook Chapter III.

3. If the court does not permit the juvenile to be prosecuted under the general law, it goes ahead with its hearing procedures under the Juvenile Code.

Disposition of Cases

1. The Family Court has numerous alternatives in dealing with children. It may:

• Return the child to the home and order the child to perform some community service work undergo psychiatric treatment, make restitution, or order other appropriate measures. (Probation)
• Order the juvenile placed in an alternative to detention, such as home detention or evening report center.
• Order the child placed in the custody of the Juvenile Officer for placement at the Robert L. Perry Juvenile Justice Center under the court’s jurisdiction.
• Order the child committed to a public or private agency authorized to care for children, such as the Missouri Division of Youth Services (DYS). This commitment is ordered until the age of 16 or 17, depending on the age of the juvenile when the commitment order is made.

2. All orders, except for DYS, are for an undetermined period of time, but may not continue past the juvenile’s 21st birthday.

Status/Delinquency Filings

Statistics for status delinquency filings can be found in the annual report(s).