Rule 112 | Informal Adjustment

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 112 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Informal Adjustment

112.01 | Informal Adjustment

a. Informal adjustment shall include the giving of guidance and advice to a juvenile and the parents, guardian or custodian of the juvenile by the juvenile officer and other persons, as appropriate.

b. Informal adjustment may include, with the consent of the juvenile and of the juvenile’s parent, guardian or custodian, supervision by the juvenile officer and temporary placement of the juvenile with persons other than the juvenile’s parent, guardian or custodian, as provided by law.

c. Referrals may be made by the juvenile officer to public and private agencies that may provide beneficial guidance or services to the juvenile and the juvenile’s parents, guardian or custodian.

Comment

The purpose of this Rule 112.01 is to ensure that the juvenile and the juvenile’s parents, guardian or custodian understand that the informal adjustment process is merely an offer by the juvenile officer of guidance and advice to the juvenile and the juvenile’s parents, guardian or custodian and does not constitute "official" action by the court that commands participation and compliance.

Cross-reference: Sections 453.110, 211.081, RSMo.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 112 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Informal Adjustment

112.02 | Notice to Parties

a. When the juvenile officer determines an informal adjustment conference to be appropriate, the juvenile officer shall request the juvenile and the juvenile’s parents, guardian or custodian, by letter, telephone or otherwise, to attend the informal adjustment conference at a designated date, time and place.

b. The juvenile and the juvenile’s parents, guardian or custodian shall be informed that their attendance at the informal adjustment conference is voluntary and that each may be represented by counsel at the conference.

c. The juvenile and the juvenile’s parents, guardian or custodian should be advised by the juvenile officer that, though their attendance at the informal adjustment conference is voluntary, their failure to participate may terminate the informal adjustment process and may result in the filing by the juvenile officer of a petition in the interest of the juvenile under subsection 1 of section 211.031, RSMo.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 112 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Informal Adjustment

112.03 | Initial Informal Adjustment Conference

a. If the juvenile and the juvenile’s parents, guardian or custodian appear at the initial informal adjustment conference without counsel, the juvenile officer shall inform them at the commencement of the conference of the right to counsel under Rule 115.01 and the right of the juvenile to remain silent. If the juvenile or the juvenile’s parents, guardian or custodian requests to be represented by counsel, the juvenile officer shall adjourn the informal adjustment conference to afford an opportunity to consult counsel.

b. The juvenile officer shall inform the juvenile and the juvenile’s parents, guardian or custodian at the initial informal adjustment conference that:

(1) the juvenile officer has received information concerning the juvenile that appears to establish the jurisdiction of the court under subsection 1 of section 211.031, RSMo;

(2) the juvenile officer will discuss with them during the informal adjustment process:

(A) recommendations for action or conduct in the interest of the juvenile to correct the behavior or environment that exists;

(B) the need for continuing conferences and contacts with the juvenile officer or other authorized persons; and

(C) the juvenile’s general behavior, the juvenile’s home and school environment, and other facts bearing upon the informal adjustment process;

(3) no petition will be filed during the informal adjustment process;

(4) the informal adjustment process is voluntary, and the juvenile and the juvenile’s parents, guardian or custodian may withdraw their participation at any time;

(5) if the juvenile or the juvenile’s parents, guardian or custodian at any time denies that the court has jurisdiction under subsection 1 of 211.031, RSMo, or at any time requests the facts be determined by the court at an evidentiary hearing, the juvenile officer will terminate the informal adjustment process; and

(6) the juvenile officer may at any time terminate the informal adjustment process. In doing so, the juvenile officer may 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.

c. Subsequent informal adjustment conferences may be scheduled by the juvenile officer at any time and from time to time during the informal adjustment process.

Comment

Section 211.081, RSMo, provides that a court may "make such informal adjustment as practicable." However, the juvenile code does not describe how an informal adjustment is to be accomplished.

Rule 112.03b is advisory and intended merely as a guideline for conducting the initial informal adjustment conference. Modification of the procedures in Rule 112.03b to meet differing circumstances is permitted.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: March 01, 2020

Rule 112 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Informal Adjustment

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:

(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.

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.


(Adopted May 20, 2009, effective January 1, 2010. Amended August 30, 2019, effective March 1, 2020.)