Supreme Court of Missouri
en banc
October 26, 2021
Effective July 1, 2022
In re:
(1) Repeal of subdivision 123.07, entitled "Preliminary Child Welfare Proceeding," and the Comment thereto of Rule 123, entitled "Rules Relating to Child Abuse and Neglect Proceedings – Custody," and in lieu thereof adoption of a new subdivision 123.07, entitled "Preliminary Child Welfare Proceeding," and a new Comment thereto.
(2) Adoption of a new subdivision 124.11, entitled "Orders of Custody, Child Support, Paternity, and Visitation in Juvenile Cases," of Rule 124, entitled "Rules Relating to Child Abuse and Neglect Proceedings – Custody – Hearings."
ORDER
1. It is ordered that, effective July 1, 2022, subdivision 123.07 and the Comment thereto of Rule 123 be and the same are hereby repealed and a new subdivision 123.07 and a new Comment are adopted in lieu thereof to read as follows:
123.07 PRELIMINARY CHILD WELFARE PROCEEDING
(a) When the juvenile in whose interest a petition is filed under section 211.031.1(1), RSMo, remains in the custody of the juvenile's parent, guardian, or custodian or is released from judicial custody, the court shall, within three days, excluding Saturdays, Sundays, and legal holidays, of the date of filing of the petition, enter appropriate orders, including on the following issues:
(1) whether the children's division shall be made a party to the proceeding;
(2) whether a guardian ad litem has been appointed for the juvenile;
(3) whether a court appointed special advocate should be appointed for the juvenile;
(4) whether a parent, guardian, or custodian requires a guardian ad litem because of age or mental status;
(5) whether the paternity of the juvenile has been previously established;
(6) whether to order temporary protective custody of the juvenile and schedule a protective custody hearing pursuant to Rule 123.05 or, in the absence of an order for temporary protective custody, schedule a hearing pursuant to Rule 124.06; and
(7) the date on which all parties shall appear before the court.
(b) If the court orders temporary protective custody of the juvenile pursuant to Rule 123.07(a)(6), the court shall either schedule a protective custody hearing pursuant to Rule 123.05 or, if appropriate and by agreement of all parties, conduct a protective custody hearing immediately following the child welfare proceeding.
COMMENT
Section 211.032.3, RSMo, requires a proceeding to be held within three business days of a petition being filed in all cases under section 211.031.1(1), RSMo.
If the juvenile who is the subject of the petition remains in the custody of his or her parent, guardian, or custodian or is released from judicial custody pursuant to Rule 123.02c or Rule 123.04b(3)(A), the required "proceeding" may be merely an in camera meeting between the judicial officer and juvenile officer to address the identified preliminary issues.
The time periods prescribed in Rule 124.01a do not apply when the juvenile in whose interest a petition is filed under section 211.031.1(1), RSMo, remains in the custody of the juvenile's parent, guardian, or custodian or is released from judicial custody to the custody of the juvenile's parent, guardian, or custodian.
For a juvenile in the legal custody of the children's division in a proceeding under section 211.031.1, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile. Therefore, the court must make this determination if temporary protective custody of the juvenile is ordered under Rule 123.07(a)(6).
2. It is ordered that, effective July 1, 2022, subdivision 124.11 of Rule 124 be and the same is hereby adopted to read as follows:
124.11 ORDERS OF CUSTODY, CHILD SUPPORT, PATERNITY, AND VISITATION IN JUVENILE CASES
On the court′s own motion or a motion by any party, a court exercising jurisdiction over a child under section 211.031.1(1), RSMo, may enter an order regarding custody, child support, paternity, or visitation pursuant to section 211.093, RSMo.
If, by entering an order pursuant to this Rule, the court has relieved the children′s division of legal custody, the court shall not be required to conduct dispositional review hearings, permanency hearings, or permanency review hearings as otherwise required pursuant to Rule 124.
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
___________________________
PAUL C. WILSON
Chief Justice