Rule 116 | Procedure

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 116 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings – Procedure

116.01 | Record of Proceedings

A complete record of all testimony shall be kept by stenographic reporting, mechanical or electronic device, or some combination thereof.

Exhibits and other tangible evidence shall be preserved by the party offering them unless otherwise directed by the court.

Comment

A complete record should be made of all testimony in any hearing. Thereby, a record is provided for purposes of appeal, and, as noted in Gault, the judge is spared "the unseemly duty of testifying under cross-examination as to the events that transpired in the hearings before him." 387 U.S.1, 58 (1967).

This Rule 116.01 is not applicable to informal adjustment conferences under Rule 112.


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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 116 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings – Procedure

116.02 | Rules of Evidence

At all hearings involving adjudication of the allegations of the petition or motion to modify, the rules of evidence shall apply.



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

First Adopted: May 20, 2009

Most Recently Effective: July 01, 2014

Rule 116 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings – Procedure

116.03 | Presentation of Evidence

In any proceeding under subsection 1 of section 211.031, RSMo, if the allegations of the petition or motion to modify are denied, evidence on the petition or motion to modify shall be presented by counsel for the juvenile officer. If the juvenile officer is without counsel, the court shall, if practicable, appoint counsel, who may be the prosecuting attorney or an assistant prosecuting attorney.


(Adopted May 20, 2009, effective January 1, 2010. Amended August 20, 2013, effective July 1, 2014.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 116 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings – Procedure

116.04 | Order Terminating Proceedings

The court may at any time terminate any proceeding under subsection 1 of section 211.031, RSMo, and dismiss the petition or motion to modify upon finding such action to serve the best interests and welfare of the juvenile and to be in the interest of the state.

Comment

This Rule 116.04 embodies the underlying philosophy of the juvenile code as stated in section 211.011, RSMo.

When terminating jurisdiction over a juvenile placed outside Missouri in a proceeding under subdivision (1) or (2) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children.  See section 210.620, RSMo.

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