First Adopted: May 20, 2009
Most Recently Effective: July 01, 2017
Rule 110 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | General Provisions
110.01 | Applicability of Rules
Rules 110 to 129 shall govern practice and procedure in the juvenile court and family court divisions of the circuit court under sections 210.125, 210.160, 210.166, 210.710 to 210.764, RSMo, and chapter 211, RSMo. Rule 103 and Court Operating Rule 27 shall apply to all matters subject to electronic filing. To the extent there is a conflict between Rule 103 and Rules 110 to 129, Rule 103 shall apply.
Comment
Any proceeding under subsection 1 of section 211.031, RSMo, is subject to, and governed by, the Adoption and Safe Families Act; therefore, judicial officers must be cognizant of, and comply with, the requirements of the act.
Appendix A, Standards for Operation of a Juvenile Detention Facility and Appendix C, Standards with Comments for Guardians ad Litem in Missouri Juvenile and Family Courts, are attached to, but are not part of, these rules.
Appendix B, Missouri Juvenile Officer Performance Standards (2017), is adopted pursuant to section 211.326, RSMo 2000, by the state courts administrator and is attached to, but is not part of, these rules.
(Adopted May 20, 2009, effective January 1, 2010. Amended May 19, effective January 1, 2011; amended January 27, 2011, effective September 1, 2011. Comment subsequently amended December 23, 2016, effective July 1, 2017.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 110 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | General Provisions
110.02 | Authority for Rules
Rules 110 to 129 and Rule 130 are promulgated pursuant to the authority granted this Court by section 5 of article V of the Missouri Constitution and supersede all statutes and existing court rules inconsistent therewith. They are intended to provide for the just determination of proceedings in court, as that term is defined in Rule 110.04. Rules 110 to 129 and Rule 130 shall be construed to assure simplicity and uniformity in judicial procedure and fairness in the administration of justice and to conduce to the welfare of the juvenile and the best interests of the state.
Comment
The rule-making power of the Supreme Court is granted by section 5 of article V of the Missouri Constitution, which provides:
The Supreme Court may establish rules of practice and procedure for all courts. The rules shall not change substantive rights, or the law relating to evidence, the oral examination of witnesses, juries, the right to trial by jury, or the right of appeal. The court shall publish the rules and fix the day on which they take effect, but no rule shall take effect before six months after its publication. Any rule may be annulled or amended by a law limited to the purpose.
The rules are to be construed to achieve the purposes of section 1.092, RSMo, and the juvenile code as set forth in section 211.011, RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 110 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | General Provisions
110.03 | Procedure When Rules Not Applicable
If no procedure is specifically provided in these rules, the court shall be governed by the practice and procedure customary in proceedings in equity. To the extent not inconsistent with these rules, the court shall be governed:
(1) In any proceeding under subdivisions (1) and (2) of subsection 1 of section 211.031, RSMo, by Rules 41 to 101, and
(2) In any proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, by Rule 25.
Comment
Section 211.171.7, RSMo, provides: "The practice and procedure customary in proceedings in equity shall govern all proceedings in the juvenile court."
Section 487.160, RSMo, provides: "Any reference in the statutory laws of this state to the juvenile division of the circuit court shall be deemed to include the family court when involving matters previously within the exclusive original jurisdiction of the juvenile division if such inclusion is not in conflict with the provisions of section 487.010 to 487.190."
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 110 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | General Provisions
110.04 | Definitions
(1) "administrative judge" means the administrative judge of the family court or, in a circuit having one judge sitting as a family court judge or juvenile court judge, the judge of the family court or juvenile court;
(2) "county" means any county of the state and the city of St. Louis;
(3) "court" means the juvenile court, a family court when hearing matters that would be heard in the juvenile court, or a judicial officer within the juvenile court or within the family court when hearing matters that would be heard in the juvenile court;
(4) "court appointed special advocate" means a volunteer advocate, who may or may not be a licensed attorney, sworn as an officer of the court and appointed to act as a guardian ad litem or to assist in the performance of guardian ad litem duties for the court;
(5) "custodian" means any person having physical custody of a juvenile in the absence of an order of court;
(6) "detention" means the retention of physical custody, as authorized by the juvenile officer or ordered by the court, of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo;
(7) "detention facility" means a place for the temporary care of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, and includes a place that is physically confining, but does not include a jail or other adult detention facility unless the juvenile is 17 years or older;
(8) "family court" means a division of a circuit court operating pursuant to chapter 487, RSMo;
(9) "guardian" means a person appointed or qualified by a court, or otherwise legally authorized, to have custody of a juvenile;
(10) "judicial custody" means the taking of physical custody of a juvenile by a physician, law enforcement officer or juvenile officer as provided by law, and the retention of physical custody of a juvenile in temporary protective custody, protective custody, or detention;
(11) "judicial officer" means a judge or commissioner of the court, except that "judicial officer" only means a judge of the court when the context indicates the exercise of judicial authority;
(12) "juvenile" means a person under 21 years of age who is subject to the jurisdiction of the court;
(13) "juvenile code" means chapter 211, RSMo, as amended;
(14) "juvenile court" means the juvenile division of the circuit court in a circuit that has not established a family court pursuant to chapter 487, RSMo;
(15) "juvenile officer" includes a deputy juvenile officer and other court personnel authorized to exercise the powers of the juvenile officer;
(16) "legal custody" means the right to the care, custody and control of a juvenile and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline to a juvenile;
(17) "municipal ordinance" means an ordinance duly adopted by any city, town, village or county of the state;
(18) "out-of-home placement" means the placement of a juvenile in a licensed foster or approved relative home, in a licensed residential facility or licensed foster group home, or with a suitable person;
(19) "parent" means any presumed father, natural parent, legal parent, or adoptive parent whose parental rights have not been terminated;
(20) "party" means the juvenile who is the subject of the proceeding, the parents, guardian and custodian of the juvenile, other than any foster parents of the juvenile, the juvenile officer, the children’s division in any case in which the division provides services to the juvenile or has legal custody of the juvenile, and any other person denominated by statute, these rules, or court order as a party in the proceeding;
(21) "person" includes natural persons, corporations, and agencies of government;
(22) "physical custody" means actual custody or physical possession of a juvenile;
(23) "placed in foster care" means placement of a juvenile in the care and custody of the children’s division or similar agency or institution authorized by law to care for juveniles removed from their parent, guardian or custodian;
(24) "presumed father" means a man presumed to be the biological father of a juvenile pursuant to sections 210.819 to 210.853, RSMo;
(25) "protective custody" means the retention of physical custody, as authorized by the court after a hearing, of a juvenile in judicial custody in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo;
(26) "reasonable efforts" means the exercise of reasonable diligence and care by the children’s division to utilize all available services related to meeting the needs of a juvenile and the juvenile’s family;
(27) "relative" means a person related to a juvenile by blood, adoption, or affinity within the third degree;
(28) "secure detention" means the temporary placement of a juvenile in a public or private residential facility that includes construction fixtures designed to physically restrict the movements and activities of juveniles held in the facility;
(29) "temporary protective custody" means temporary placement of a juvenile alleged to be subject to the jurisdiction of the court under subdivision (1) or (2) of subsection 1 of section 211.031, RSMo, within a hospital, medical facility, foster care facility or such suitable placement as authorized by the court; provided, however, such placement shall not be within a secure detention facility;
b. The singular does not include the plural, the plural the singular, nor the masculine the feminine.
Comment
The definitions set forth in this Rule 110.04 do not apply to Appendix A, Appendix B, or Appendix C.
The definitions set forth in this Rule 110.04 differ somewhat from those employed in the juvenile code. Those changes have been made in the interest of consistency and ease of understanding.
"Child" is not defined in these rules. Instead, the term "juvenile" is used. The juvenile code employs the term "child," defining it in section 211.021(2), RSMo, to mean a person under 17 years of age, but the term itself is not consistently so used in the juvenile code; in many instances, the term also necessarily includes a person over the age of 17 years. The definition of "juvenile" is used consistently in these rules.
As used in these rules, "children’s division" includes private agencies that have contracted with the children’s division to provide case management services. Whenever the children's division is a party to a proceeding under subsection 1 of section 211.031, RSMo, it shall be served with copies of all pleadings, motions, orders, judgments, and notices required by rule or statute to be served upon a party and shall receive all written reports, social records and other documents intended to be presented at any hearing for the court to review and consider.
Counsel may appear on behalf of the children’s division at any hearing held in accordance with Rules 123 and 124 in addition to, or in substitution for, the designated representative of the children’s division. Upon entering an appearance, counsel for the children's division shall receive from the clerk, upon request, copies of all prior pleadings, motions, orders and judgments.
A proceeding under subdivision (2) of subsection 1 of section 211.031, RSMo, is governed by Rules 123 and 124 if the juvenile is placed in temporary protective custody or protective custody and by Rules 126 to 128 if the juvenile is placed in detention.
Cross-reference: Sections 210.160.5, 210.481, 210.565.2, 210.817(4), 211.183.2, 211.183.9, 404.007(10), RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)