Supreme Court of Missouri
en banc
August 30, 2019
Effective March 1, 2020
Effective March 1, 2020
In re:
(1) Repeal of subdivision 111.01, entitled "Preliminary Inquiry," of Rule 111, entitled "Preliminary Inquiry," and in lieu thereof adoption of a new subdivision 111.01, entitled "Preliminary Inquiry."
(2) Repeal of subdivision 112.04, entitled "Termination of Informal Adjustment," of Rule 112, entitled "Informal Adjustment," and the comment thereto and in lieu thereof adoption of a new subdivision 112.04, entitled "Termination of Informal Adjustment," and comment thereto.
ORDER
1. It is ordered that effective March 1, 2020, subdivision 111.01 of Rule 111 be and the same is hereby repealed and a new subdivision 111.01 adopted in lieu thereof to read as follows:
111.01 PRELIMINARY INQUIRY
a. Information that could bring a juvenile within the jurisdiction of the court shall be referred to the juvenile officer. Such information, including the name and address of the informant, shall be in writing and, unless impracticable, signed by the informant.
b. The juvenile officer shall make a preliminary inquiry and, if it appears to the juvenile officer that the juvenile is within the jurisdiction of the court, the juvenile officer shall either:
c. If it does not appear to the juvenile officer that the information could bring the juvenile within the jurisdiction of the court, the juvenile officer, if practicable, shall so notify the informant.
a. Information that could bring a juvenile within the jurisdiction of the court shall be referred to the juvenile officer. Such information, including the name and address of the informant, shall be in writing and, unless impracticable, signed by the informant.
b. The juvenile officer shall make a preliminary inquiry and, if it appears to the juvenile officer that the juvenile is within the jurisdiction of the court, the juvenile officer shall either:
(1) make an informal adjustment pursuant to Rule 112; or
(2) file a petition pursuant to Rule 113.
(2) file a petition pursuant to Rule 113.
c. If it does not appear to the juvenile officer that the information could bring the juvenile within the jurisdiction of the court, the juvenile officer, if practicable, shall so notify the informant.
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2. It is ordered that effective March 1, 2020, subdivision 112.04 of Rule 112 and the comment thereto be and the same are hereby repealed and a new subdivision 112.04 and a new comment thereto adopted in lieu thereof to read as follows:
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:
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.
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; or
(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.
(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; or
(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.
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.
The informal adjustment process does not authorize detention of the juvenile unless permitted by the juvenile code or by these rules.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice
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GEORGE W. DRAPER III
Chief Justice